Acceptance of orders or sale is based on the express condition that buyer agrees to all of the terms and conditions contained herein. No terms or conditions in any way adding to, modifying, or otherwise changing the provisions stated herein shall be binding upon Studio Van den Akker (SVDA) or Van den Akker Antiques (VDA) unless made in writing and signed and approved by an officer of SVDA/VDA. No modification of any of these terms will be affected by shipping request or similar forms containing printed terms and conditions conflicting with or inconsistent with the terms herein.
All prices are Net FOB, unless otherwise specified. Prices are exclusive of excess storage charges (defined below), installation, taxes, etc. Prices are subject to change without prior notice. Written quotation prices are valid for thirty days only.
Applicable sales tax is added for all sales of items shipped to New York, Connecticut, Texas, or California. Members of the trade that can furnish a resale certificate and are registered with SVDA or VDA will not be charged sales tax.
Please note that all prices are in U.S. Currency. Shipping and handling are not included.
Terms Specific to Studio Van den Akker
A fifty percent, non-refundable, deposit is required to initiate an order, with the balance due upon completion and prior to pick up of merchandise. Deposits must be made by cash, check, cashier’s check, or bank transfer. Credit cards are not accepted. A service charge of 3% per month or the maximum permissible rate will be added to all accounts not paid within sixty (60) days from the date of invoice for the final balance due. Merchandise will not be shipped before final payment is received. Customers will be responsible for any fees or return shipping charges incurred by SVDA for payments that are withdrawn from SVDA for insufficient funds or any other reason. SVDA will accept payment in the form of cashier’s check or wire transfer only if any previous method of payment has been withdrawn from SVDA.
Any custom orders, special projects, modifications to existing products, or plans submitted to SVDA for production will be considered the intellectual property of SVDA unless agreed to by both parties, in writing, prior to the receipt of deposit or beginning of production by SVDA.
Most pieces offered by Studio Van den Akker are handcrafted by an artist or artisans; therefore, each piece is unique and variation (including size, color, texture, glaze, density, etc.) will occur between pieces ordered and those displayed in the showroom. Please note glass pieces, particularly hand-blown glass pieces, may have significant variation in color, texture and/or thickness.
Prices for lamps do not include shades, unless otherwise noted.
***COVID-19 Update – While all of our workrooms have returned to some level of functioning, lead times have been impacted due to workroom restrictions and supply chain delays. Please consult with your SVDA representative about lead times for each piece. As the impact of COVID-19 changes from day-to-day, we will supply you with the best information we have at the time but actual completion dates may vary and quoted lead times are only estimates.***
Lead times for standard upholstered products is 16-20 weeks unless otherwise specified in writing. Lead times for lighting, case pieces and other products produced in the United States is 12-18 weeks unless otherwise specified in writing. Lead times for all products produced outside the United States are 12-36 weeks, unless specified in writing. Products that have custom options or finishes may have increased lead times. Lead times do not include shipping. Lead time begins upon receipt of: deposit payment, signed invoice, receipt of fabric (when applicable) and completed COM/COL ticket (when applicable). Reduced lead times are often possible, please speak to a SVDA representative. Reduced lead times will only be honored when stated in writing.
All measurements provided on SVDA’s website, tearsheets, quotes, purchase orders, invoices, and any promotional material or otherwise are approximate measurements only. Most pieces in the SVDA collection are handmade and natural variation will occur. If specific measurements are required, please speak to your SVDA representative and every attempt will be made to meet these requirements. Specific measurement requirements must be noted on customer’s purchase order.
All orders must be made in writing and sent directly to SVDA. Orders are subject to our acceptance and issuance of a formal acknowledgement. Order acknowledgements are final and binding. Any subsequent requests for changes are subject to additional charges and our ability to conform.
SVDA is not required to accept changes requested after order acknowledgment. Reasonable requests for changes will be considered by SVDA based on our ability to accommodate requested changes. Changes are subject to SVDA approval and additional charges.
All orders are final and not subject to cancellation. Undelivered orders are subject to forfeiture of 50% deposit if cancelled after an order acknowledgement has been issued. Delivered orders may not be returned for any reason whatsoever except when repair or replacement is indicated and approved by SVDA. If SVDA authorizes the cancellation of an order, a restocking fee of no less than 35% and no more than 60% will be charged.
No returns of merchandise will be accepted for any reason. Unauthorized returns will be refused and returned freight collect.
All shipping is FOB from the point of manufacture, domestic and international. SVDA/VDA is not affiliated with any shipping company and is not liable for their actions. As a service to our clients, SVDA can arrange shipping by one of our preferred carriers. All charges are PROFORMA and will be included on the final invoice. Shipping quotes are valid for five business days only (International shipping quotes are valid for two days). Shipping estimates are estimates only. If a client prefers to arrange their own shipping, SVDA must be notified of necessary details at least three business days before pick up. Charges to prepare and move products from a workroom to a terminal for customer’s pick-up will be added to the final invoice and must be paid in full prior to pick up. It is a carrier’s responsibility to carefully inspect all merchandise prior to shipping at the point of origin and note any damage or problems on the BOL. The signed BOL is confirmation by the carrier that they received the merchandise in good condition. Inspection of boxed or crated items is limited to the exterior of the package.
Ownership of any product transfers to the customer (owner) upon freight carrier taking possession of a product for transport. Responsibility for damage occurring in-transit is the owners. All claims for freight damage must be made within 72 hours of receipt. A signature on the BOL upon receipt of merchandise verifies that all merchandise was received in good condition unless an exception is noted on the BOL. Never discard any packaging, unless satisfied with a delivery.
SVDA recommends the use of an insured, bonded, receiving warehouse to receive and inspect all products. The receiving warehouse will act as an agent for the owner and is responsible to note any damage when an item is received. Any damage must be reported immediately.
It is the responsibility of the purchaser to provide SVDA/VDA with valid contact information for the day of the delivery. SVDA/VDA recommends crating all glass and fragile items and recommends crating service for all items being delivered to a freight forwarder. We can provide quotations for these services to you upon request.
Please note that during transportation furniture that is upholstered in velvet or chenille will often endure some marking. SVDA will provide completion photos prior to shipping which shows the condition of your piece before it leaves our workroom. The yarns used in these types of fabric will flatten and move when pressure is applied to them, which is an inherent tendency of these fabrics. SVDA uses special techniques to avoid bruising, crushing, matting, and marking of these fabrics during transportation but cannot guarantee that these issues will not occur during transportation. Please make sure to unpack any items upholstered in velvet or chenille immediately upon receipt. The items should be stored without shrink wrap or heavy blankets that could cause marking. Furthermore, do not place any items on top of or in direct contact with items upholstered in velvet or chenille as this additional weight could crush the fibers, resulting in permanent damage. SVDA cannot be held responsible for fabric damage that occurs during shipping or handling after it leaves our workroom.
SVDA will store all merchandise at our expense for thirty (30) days from the date the final invoice is issued. Additional storage fees of 5% per month of the total invoice will be charged to store merchandise not picked up within thirty (30) days from the date of the final balance due, unless other arrangements are made and agreed to, in writing, by SVDA. SVDA is not responsible for damage to merchandise stored at our facilities. After thirty (30) days SVDA reserves the right to move merchandise to a storage facility at Buyer’s expense. Buyer will be responsible for cost of transfer, storage charges, and any other expense related to storage past thirty (30) days. If merchandise is moved to a storage facility not affiliated with SVDA, additional storage fees of 5% per month will not be imposed by SVDA.
All quoted completion and delivery dates are estimates only. SVDA shall not be liable for delays in completion or shipment or default in delivery for any reason of force majeure or for any cause beyond SVDA’s reasonable control including, but not limited to, a) government action, war, riots, civil commotion, embargoes or martial laws, b) SVDA’s inability to obtain necessary materials from its usual sources of supply, c) shortage of labor, raw material, production or transportation facilities or other delays in transit, d) labor difficulty involving employees of SVDA or others we work with, e) fire, flood or other casualty, or f) other contingencies of manufacture or shipment. In the event of delay in SVDA’s performance due in whole or in part to any cause beyond SVDA’s reasonable control, SVDA shall have such additional time for performance as may be reasonably necessary under the circumstances. Acceptance by Buyer of any goods shall constitute a waiver by Buyer of any claim for damages on account of delay in delivery of such goods.
All merchandise is carefully inspected upon arrival at SVDA and before shipment from SVDA. All claims against SVDA, including defects, shortages, and errors must be made in writing within ten (10) days after receipt of merchandise. Failure to make such a claim shall constitute full acceptance of the merchandise and waiver of all defects, shortages, and error ascertainable under inspection. SVDA is not responsible for damage in shipment or in storage. Customers should carefully inspect all items at time of delivery and note any obvious damage on delivery receipt. All claims for freight overcharges or damages to goods while in transit must be settled with the carrier by the consignee. Damaged freight cannot be refused by the consignee. SVDA recommends that any damage or loss must be claimed by the consignee with the carrier by writing within five days and all packing materials must be retained until inspection is made, although SVDA recommends contacting a carrier about damage as soon as possible.
Customer’s Own Material
Prior to shipment of the customer’s own material (COM) to our factory, we highly recommend a cutting showing face, direction and pattern match be sent to SVDA. We reserve the right to reject any fabric that we feel does not meet our upholstery standards. We are not responsible for any complaint arising from the appearance, quality, wear, or natural defect (including leather) of COM. SVDA will not be responsible for face, direction, or pattern match, unless it specifically does not match the client’s written instructions. Exact shipping instructions for the fabric will be provided by SVDA. All fabric incorrectly shipped to an SVDA showroom will be reshipped at the client’s expense. Quoted lead times begin on the date COM is received by SVDA.
Please be advised that yarns in a pile fabric such as velvet and chenille will flatten and move during upholstery sometimes creating rippling or puckering. This will vary depending on the shape of the piece being upholstered and the composition of the fabric. While every effort will be made to reduce this effect, SVDA cannot guarantee that rippling or puckering will not occur on products upholstered in velvet or chenille. Chenille may show variations in color, texture, and hand which is an inherent characteristic of the fabric. The yarns in any pile fabric such as chenille, velvet, and mohair will flatten and move creating irregular surface appearance and texture. These surface variations are the nature of the fabric and should not be considered faulty or defective. Pile distortion alters the angle of light reflection producing more obvious areas where the fabric has moved creating an appearance of shading or napping. Pile fabrics created using shiny yarns such as rayon or viscose further amplify light reflection and create even more obvious areas of light and dark patches.
SVDA products are warranted against all defects in materials and workmanship for a period of one year from the date the product leaves SVDA, under normal, residential, use, and under conditions for which the product was designed. COM/COL is in no way warranted. Please be aware that locations near salt water will accelerate the aging and potentially cause corrosion of certain SVDA products, especially those products containing metal elements or those that are constructed entirely of metal. Please monitor these products carefully. SVDA will not be held responsible for corrosion or damage resulting from corrosion of its products. During the warranty period, SVDA will repair, or at our option, replace defective merchandise free of charge. SVDA is not responsible for labor charges, installation, or other incidental or consequential costs. This warranty does not apply to damage resulting from accident, alteration, misuse, tampering, negligence, abuse, or ordinary wear and tear. This warranty does not extend to natural materials such as wood, because of natural variations over which SVDA has no control and does not warrant the matching of color, grain, or texture. All other warranties (including any warranty or merchantability or fitness for any particular purpose), expressed or implied, are hereby excluded. The foregoing shall constitute the only warranty made by SVDA. No returns of merchandise will be accepted for any reason, unless approved in writing by SVDA. Unauthorized returns will be refused and returned freight collect.
Terms Specific to Van den Akker Antiques
While we try to ensure accuracy, we reserve the right at any time to correct any errors in pricing or descriptions. Prices are exclusive of excess storage charges (defined below), installation, taxes, etc. Prices are subject to change without prior notice.
Conflict in Pricing
While we try to ensure accuracy, we reserve the right at any time to correct any errors in pricing or descriptions among the various locations that our items are represented. We reserve the right to refuse to accept any order based on an incorrect price or description.
Attribution and Description Accuracy
While all descriptions and commentary are believed to be correct, we make no warranties or representations of any kind with respect to the property, and in no event shall be held responsible for having made or implied any warranty of description, authorship, attribution, provenance, period, culture, source, origin, condition, measurement, etc. All measurements provided on VDA’s website, tearsheets, quotes, purchase orders, invoices, and any promotional material or otherwise are approximate measurements only. Buyers are encouraged to thoroughly inspect and measure every piece they purchase.
We try to the best of our ability to describe the condition of each item. Please be aware that all items sold at Van den Akker are vintage; therefore, we urge you to inspect the item carefully, as it is the responsibility of the buyer to inspect and note the condition of an item before purchase. Van den Akker is not liable for changes in condition of an item after it leaves our possession.
All shipping is the responsibility of the buyer. VDA does not provide transportation or delivery services, although we can help you to find an independent agent to arrange transportation and delivery. VDA is not affiliated with any shipping company and is not liable for their actions. It is the responsibility of the purchaser to provide VDA with valid contact information for the day of the delivery. VDA recommends crating all glass and fragile items and recommends crate service for all items being delivered to a freight forwarder.
All sales are FINAL, once purchased items cannot be returned.
No returns of merchandise will be accepted for any reason. Unauthorized returns will be refused and returned freight collect.
VDA shall not be liable any reason of force majeure or for any cause beyond VDA’s reasonable control including, but not limited to, a) government action, war, riots, civil commotion, embargoes or martial laws, b) VDA’s inability to obtain necessary materials from its usual sources of supply, c) shortage of labor, raw material, production or transportation facilities or other delays in transit, d) labor difficulty involving employees of VDA or others we work with, e) fire, flood or other casualty, or f) other contingencies of manufacture or shipment. In the event of delay in VDA’s performance due in whole or in part to any cause beyond VDA’s reasonable control, VDA shall have such additional time for performance as may be reasonably necessary under the circumstances. Acceptance by Buyer of any goods shall constitute a waiver by Buyer of any claim for damages on account of delay in delivery of such goods.
VDA will store all merchandise at our expense for fourteen (14) days from the date the final invoice is issued. Additional storage fees of 5% per month of the total invoice will be charged to store merchandise not picked up within fourteen (14) days from the date of sale, unless other arrangements are made and agreed to, in writing, by VDA. VDA is not responsible for damage to merchandise stored at our facilities. After fourteen (14) days VDA reserves the right to move merchandise to a storage facility at Buyer’s expense. Buyer will be responsible for cost of transfer, storage charges, and any other expense related to storage past fourteen (14) days. If merchandise is moved to a storage facility not affiliated with VDA, additional storage fees of 5% per month will not be imposed.
Terms that apply to Studio Van den Akker and Van den Akker Antiques Sales or Orders
Limitation of Remedies
SVDA/VDA shall not be liable for incidental or consequential losses, damages, expenses including labor charges and installation charges, directly or indirectly arising from the sale, handling, or use of the goods, or from any other cause with respect to the goods or this agreement, whether such claims is based upon breach of contract, breach of warranty, strict liability in tort, negligence or any other legal theory.
Remedies upon Default
SVDA/VDA requires payment for any shipment in advance. If Buyer fails to make payment in accordance with the terms of this agreement or otherwise fails to comply with any provision hereof, SVDA/VDA may at its option, cancel any unshipped portion of this order, retain the goods and declare forfeiture of the deposit as liquidated damages.
In the event any one or more of these terms or conditions is held invalid, illegal or unenforceable, such provision or provisions shall be severed and the remaining terms and conditions shall remain binding and effective.
PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
For purposes of this TOS, “you” shall mean either you as an individual or the entity or person on whose behalf you are accepting this TOS. You represent that you are authorized to accept this TOS.
Modifications to the Services
We are constantly trying to improve the Services, so this TOS may need to change along with the Services. Accordingly, SVDA reserves the right to change or modify the Services (including any Memberships described below), any of the terms and conditions contained in this TOS and/or Membership Agreement, or any policy governing the Services at any time.
You are responsible for regularly reviewing any updates to this TOS at www.studiovandenakker.com. If you do not agree with the new TOS, you are free to reject it; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the TOS is effective, that means you agree to all of the changes. Except for changes by us as described here, no other amendment or modification of this TOS will be effective unless in writing and signed by both you and us.
Use of the Services
As a condition of using the Services you represent and warrant that you are at least sixteen (16) years of age. You may use the Services as an individual who wishes to purchase Goods via the Services (collectively, “Buyers”). All users of the Services, including, without limitation, Buyers and Sellers are, collectively “Users”).
SVDA reserves the right to cease offering the Services at any time.
Account Set Up and Data
In order to use the Services, you will be required to sign up for an account, select a password and user name and provide certain additional information about you to create your account (“Account Data”). You may not select as your user name a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. You promise to provide us with accurate, complete and updated Account Data and to keep your Account Data accurate and current at all times.
You are responsible for the safekeeping of your password and account and are responsible for all activities and purchases that occur under your password or account. You also agree that we will not be liable for any loss or damage arising from your failure to keep your password secure.
We do not knowingly collect or solicit personally identifiable information from children under 16; if you are a child under 16, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us with personal information, please contact us at email@example.com.
Certain of the Services may allow you to purchase Goods using the Services. If you purchase any Goods using the Service:
- You agree to pay the amount listed and any all other disclosed amounts, such as taxes, duties, costs and expenses. You agree that you are responsible for all payments and taxes associated with your use of the Services.
While we do our best to give you accurate listing information, we cannot guarantee that the listing is 100% accurate.
Member Criteria: You acknowledge that all Members are selected by SVDA in its sole discretion, and SVDA has the right to refuse or reject a User’s application for one or more Memberships for any reason, or for no reason at all.
All right, title and interest to the Services (which includes any SVDA content or materials made available via the Service, the Services’ look and feel, the designs, service marks, trademarks and trade names displayed on the Service) are the property of SVDA, its affiliates, licensors or users, and are protected by copyrights, patents, trademarks or other proprietary rights and laws.
You may not use, copy, modify, create a derivative work from, reverse engineer, sell, assign, sublicense or otherwise transfer any right, of any part of the Services without the prior written consent of the respective owner.
Unless otherwise agreed to in a separate agreement between us, with respect to any software or applications that we make available to you (collectively, the “Software”), SVDA grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use such Software provided, for the sole purpose of enabling you to use the Services in the manner permitted by this TOS. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof. You may not assign or grant a sublicense of your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
You agree to only use the Services for personal purposes, and not for any unintended use of the Services. You agree not to reproduce, duplicate, copy, sell, trade, resell, frame, or exploit for any commercial purposes, any portion of the Services.
You agree to indemnify and hold SVDA and its affiliates, members, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of the Goods you buy, your use of the Services, your violation of this TOS or any Membership Agreement, your violation of any applicable law, rule or regulation, or your violation of any rights of another.
You agree that SVDA may terminate your SVDA account and access to the Services at any time, without notice, for any reason, including but not be limited to, (a) breaches or violations of this TOS , including any policies or documents incorporated by reference, or any other agreement you have entered into with SVDA, (b) requests by law enforcement or other government agencies, (c) a request by you to delete your account, (d) discontinuance or material modification to the Services, (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, or (h) nonpayment of any fees owed by you in connection with the Services. SVDA may delete your Content, your password and all related information, and files and content associated with your account. You agree that SVDA shall not be liable to you or any third party for any termination of your account or access to the Service.
DISCLAIMER OF WARRANTIES
Your use of the Services is at your sole risk. Neither SVDA nor its licensors or suppliers makes any representations or warranties concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SVDA AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; AND MAKE NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS; OR (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL SVDA ITS AFFILIATES (OR ITS OR THEIR LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COST OF REPLACEMENT OF SUBSTITUTE GOODS OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
You agree that you must evaluate, and bear all risks associated with the use of any Content and items, including any reliance on the accuracy, completeness, or usefulness of such Content and items.
All disputes under this TOS and/or any applicable Membership Agreement that cannot be resolved by the parties shall be submitted to arbitration under the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect. Either party may invoke this paragraph after providing 30 days’ written notice to the other party. All costs of arbitration shall be divided equally between the parties. Any award may be enforced by a court of law. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Any provisions hereunder that are intended to survive expiration or termination of this TOS will survive. The parties are independent contractors with respect to each other and no third party beneficiaries are created hereunder. Neither party is a partner, joint venturer, or agent of the other and shall not bind nor attempt to bind the other to any contract. We may provide you with notices, including those regarding changes to this TOS and/or a Membership Agreement, including but not limited to by email, regular mail, text message, postings on the Service, or other reasonable means. All notices you provide to us must be in writing and sent by registered mail, recognized carrier, and will be deemed received upon receipt. Failure to insist upon strict performance or to exercise any term hereof will not act as a waiver of any right herein, and any waiver must be in a signed writing to be valid. You may not assign, delegate or transfer your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without SVDA’s prior written consent. We may transfer, assign, or delegate our rights and obligations under this TOS without consent. This TOS inures to the benefit of and shall be binding on any permitted assignees. This TOS and any applicable Membership Agreement constitutes the complete, final and exclusive agreement between the parties with respect to the subject matter hereof, and supersedes all other understandings or agreements concerning the subject matter hereof. Except for modifications or changes by us as described above, any amendment to this TOS must be in a signed writing. This TOS shall be governed by the laws of the State of Connecticut. In the event that any provision of this TOS and/or Membership Agreement shall be determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this TOS and/or Membership Agreement shall otherwise remain in full force and effect and enforceable.
Copyright Dispute Policy and Notice Procedure
SVDA respects the intellectual property of others, and we ask our users to do the same. You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like SVDA, being asked to remove material that allegedly violates someone’s copyright. We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users and (2) remove and discontinue service to repeat offenders.
- Procedure for Reporting Copyright Infringements. If you believe that material or content residing on or accessible through the Services infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to the SVDA’s Designated Agent to Receive Notification of Claimed Infringement (our “Designated Agent,” whose contact details are listed below):
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that SVDA is capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and, if available, email address;
- A statement that the notifier has a good faith belief that the material identified in (1)(c) is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
- Once Proper Bona Fide Infringement Notification Is Received by the Designated Agent. Upon receipt of a proper notice of copyright infringement, we reserve the right to:
- remove or disable access to the infringing material;
- notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material; and
- terminate such content provider’s access to the Services if he or she is a repeat offender.
- Procedure to Supply a Counter-Notice to the Designated Agent. If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider may send us a counter-notice containing the following information to the Designated Agent:
- A physical or electronic signature of the content provider;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
- A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
- Content provider’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider’s address is located outside the United States, for any judicial district in which SVDA is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, SVDA may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that SVDA may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at SVDA’s discretion.
Please contact SVDA’s Designated Agent at the following address:
By email to: firstname.lastname@example.org
By mail to:
Studio Van den Akker
979 Third Avenue
New York, NY, 10022
- Your information on SVDA’s website and client service portal (referred to as Services) belongs to you.
- We will help you to control your information.
- We will tell you what we do with your information.
- We will never spam you or abuse your information.
What types of information are we talking about?
- Information you provide to us; and
- Information that we collect when you use our website and Services (Services are defined in our Terms of Service).
INFORMATION YOU PROVIDE TO US
When you register with SVDA, you provide us with information to register and set up an account, including email, name, contact and other business-related information if you are buying items (“Account Data”). We use this information to provide you the Services and send you Services-related notices (including any notices required by law).
We also use your Account Data and data related to your use of the Services to inform you about the Services (such as newsletters, updates to features of the Services), and special offers and promotions from SVDA or our partners.
If you correspond with SVDA, we may retain the content of your messages, your email address and our responses.
Some information may remain in our records after your deletion of such information from your account. We may use any aggregated data derived from your personal information after you update or delete it, but not in a manner that would identify you personally.
INFORMATION THAT WE COLLECT WHEN YOU USE THE WEBSITE AND SERVICES
While our Services may not operate properly without these technologies, you can set your web browser to refuse all cookies.
How We Share Your Information
Personally Identifiable Information: SVDA will not rent or sell your personally identifiable information to others and will not share it with others, except as follows:
- SVDA may disclose such information (a) if we are required to do so by law or subpoena, (b) to enforce our terms and policies; or (c) to exercise or protect the rights, property, or safety of SVDA, our Users or others.
- SVDA may store information in physical locations outside the direct control of SVDA (for instance, on servers or databases co-located with hosting providers).
- If you send messages to other Users your name, username and the content of such messages will be available to such other Users.
- SVDA may share your information with trusted third party service providers that SVDA has contracted with to provide you the Services (for example, third-party shipping services).
- SVDA may share your information with trusted third-party service providers that SVDA has contracted with to provide advertising services using information that our customers provide. If you prefer that SVDA not share your information with these third party service providers, you can opt out by emailing us at email@example.com.
- SVDA may de-identify your personally identifiable information or aggregate information about how you use the Services with usage data from other Users. SVDA may share such de-identified or aggregate usage data with its partners (but not in a manner that would identify you as an individual person).
- SVDA may transfer such information if SVDA is acquired as a business or if its assets are sold, as is typical when a business is acquired or merged.
Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of Personal Information to third parties for such third parties’ direct marketing purposes; in order to submit such a request, please contact us at firstname.lastname@example.org. California residents are entitled to ask us for a notice identifying the categories of Personal Information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to: email@example.com.
How We Protect Your Information
SVDA employs well-established security measures to safeguard our systems and your information. However, we cannot control all the individuals and activities on the internet and elsewhere, and therefore cannot guarantee that such information will never be compromised.
SVDA’s website and Services are not intended to be used by or directed at children under the age of 16. SVDA does not knowingly collect information of such children. If you are under the age of 16, you may not use the website or Services and you should not submit any information to us.
Links to External Servers and other Websites and Services
It is our policy to provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, through posting of such notice on our web page, or by other reasonable means, as determined by SVDA at its sole discretion. We reserve the right to determine the form and means of providing notifications to you.
U.S. Based Service
GDPR Privacy Notice for EU Residents
If you are a resident of the European Union (“EU”), United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (the “GDPR”) with respect to your Personal Data, as outlined below.
For this GDPR Privacy Notice, we use the terms “Personal Data” and “processing” as they are defined in the GDPR, but “Personal Data” generally means information that can be used to individually identify a person, and “processing” generally covers actions that can be performed in connection with data such as collection, use, storage, and disclosure. SVDA will be the controller of your Personal Data processed in connection with the Services.
WHAT PERSONAL DATA DO WE COLLECT FROM YOU?
We collect Personal Data about you when you provide such information directly to us, when third parties such as our business partners or service providers provide us with Personal Data about you, or when Personal Data about you is automatically collected in connection with your use of our Services.
Information we collect directly from you: We receive Personal Data directly from you when you provide us with such Personal Data, including without limitation the following:
- First and last name
- Email address
- Mailing address
- Telephone number
- Business Registration
- User content, for example, comments and posts you submit publically and photographs you upload to the SVDA website (which can include Personal Data if you include Personal Data in such content)
Information we receive from third party sources: Some third parties such as our business partners and service providers provide us with Personal Data about you, such as the following:
- Information from our advertising partners: We receive information about you from some of our service providers who assist us with marketing or promotional services related to how you interact with our websites, applications, products, services, advertisements, or communications.
- Account information for third party services: If you interact with a third party service when using our Services, such as if you use a third party service to log-in to our Services (e.g., Facebook Connect or Twitter OAuth), or if you share content from our Services through a third party social media service, the third party service will send us information about you such as information from your public profile. The information we receive will depend on the third party service’s policies and your account settings with the third party service.
Information we automatically collect when you use our Services: Some Personal Data is automatically collected when you use our Services, such as the following:
- IP address
- Device identifiers
- Web browser information
- Page view statistics
- Browsing history
- Usage information
- Transaction information (e.g. transaction amount, date and time such transaction occurred)
- Cookies and other tracking technologies (e.g. web beacons, pixel tags, SDKs, etc.)
- Location information (estimated from IP address)
- Log data (e.g. access times, hardware and software information)
HOW DO WE USE YOUR PERSONAL DATA?
We process Personal Data to operate, improve, understand and personalize our Services. For example, we use Personal Data to:
- Create and manage User profiles
- Communicate with you about the Services
- Process orders
- Contact you about Services announcements, updates or offers
- Provide support and assistance for the Services
- Personalize website content and communications based on your preferences
- Respond to User inquiries
- Fulfill User requests
- Comply with our legal or contractual obligations
- Resolve disputes
- Protect against or deter fraudulent, illegal or harmful actions
- Enforce our Terms of Service
We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity and our “legitimate interests” or the legitimate interest of others, as further described below.
- Contractual Necessity: We process the following categories of Personal Data as a matter of “contractual necessity”, meaning that we need to process the data to perform under our Terms of Service with you, which enables us to provide you with the Services. When we process data due to contractual necessity, failure to provide such Personal Data will result in your inability to use some or all portions of the Services that require such data.
- First and last name
- Email address
- Mailing address
- Telephone number
- Legitimate Interest: We process the following categories of Personal Data when we believe it furthers the legitimate interest of us or third parties.
- First and last name
- Email address
- User content
- IP address
- Device identifiers
- Web browser information
- Page view statistics
- Browsing history
- Usage information
- Transaction information
- Cookies and other tracking technologies
- Location information
- Log data
- Examples of these legitimate interests include:
- Operation and improvement of our business, products, and Services
- Optimizing and personalizing content for you
- Marketing of our products and Services
- Provision of customer support
- Protection from fraud or security threats
- Compliance with legal obligations
- Completion of corporate transactions
- Consent: In some cases, we process Personal Data based on the consent you expressly grant to us at the time we collect such data. When we process Personal Data based on your consent, it will be expressly indicated to you at the point and time of collection.
- Other Processing Grounds: From time to time we may also need to process Personal Data to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest.
HOW AND WITH WHOM DO WE SHARE YOUR DATA?
- Payment processors
- Fraud prevention service providers
- Ad networks
- Analytics service providers
- Staff augmentation and contract personnel
- Hosting service providers
- Co-location service providers
- Telecommunications service providers
We also share Personal Data when necessary to complete a transaction initiated or authorized by you or to provide you with a product or service you have requested. In addition to those set forth above, these parties also include:
- Other Users (where you post information publicly or as otherwise necessary to effect a transaction initiated or authorized by you through the Services)
- Social media services (if you interact with them through your use of the Services)
- Third party business partners who you access through the Services
- Other parties authorized by you
We also share Personal Data when we believe it is necessary to:
- Comply with applicable law or respond to valid legal process, including from law enforcement or other government agencies
- Protect us, our business, or our Users, for example to enforce our Terms of Service, prevent spam or other unwanted communications and investigate or protect against fraud
- Maintain the security of our products and Services
We also share information with third parties when you give us consent to do so.
Furthermore, if we choose to buy or sell assets, user information is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party, and we would share Personal Data with the party that is acquiring our assets. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your Personal Information as set forth in this policy.
HOW LONG DO WE RETAIN YOUR PERSONAL DATA?
We retain Personal Data about you for as long as you have an account with us or as otherwise necessary to provide the Services. We also retain some information in a depersonalized or aggregated form but not in a way that would identify you personally.
WHAT SECURITY MEASURES DO WE USE?
We seek to protect Personal Data using appropriate technical and organizational measures. For example, we encrypt any Personal Data you submit to us using secure socket layer (SSL) technology to provide for the secure transmission from your PC to our servers, we use industry-standard firewalls and other access control measures to restrict access to your Personal Data once it is stored on our servers, and we encrypt any Personal Data we send to or receive from third party service providers using SSL.
PERSONAL DATA OF CHILDREN:
As noted above, we do not knowingly collect or solicit Personal Data from anyone under the age of 16. If you believe that a child under 16 may have provided us with Personal Data, please contact us a firstname.lastname@example.org. We will delete such information as quickly as possible once we learn of it.
WHAT RIGHTS DO YOU HAVE REGARDING YOUR PERSONAL DATA?
You have certain rights with respect to your Personal Data, including those set forth below. For more information about these rights, or to submit a request, please email email@example.com. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law. Even if we are not able to comply with your request, we will still respond to notify you of such a decision. In some cases, we may also need to you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request.
- Access: You can request more information about the Personal Data we hold about you and request a copy of such Personal Data.
- Rectification: If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data.
- Erasure: You can request that we erase some or all of your Personal Data from our systems.
- Withdrawal of Consent: If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all of our Services.
- Portability: You can ask for a copy of your Personal Data in a machine-readable format. You can also request that we transmit the data to another controller where technically feasible.
- Objection: You can contact us to let us know that you object to the further use or disclosure of your Personal Data for certain purposes, such as for direct marketing purposes.
- Restriction of Processing: You can ask us to restrict further processing of your Personal Data.
- Right to File Complaint: You have the right to lodge a complaint about SVDA’s practices with respect to your Personal Data with the supervisory authority of your country or EU Member State.
TRANSFERS OF PERSONAL DATA
The Services are hosted and operated in the United States (“U.S.”) through SVDA and its service providers, and if you do not reside in the U.S., laws in the U.S. may differ from the laws where you reside. By using the Services, you acknowledge that any Personal Data about you, regardless of whether provided by you or obtained from a third party, is being provided to SVDA in the U.S. and will be hosted on U.S. servers, and you authorize SVDA to transfer, store, and process your information to and in the U.S., and possibly other countries. You hereby consent to the transfer of your data to the U.S. pursuant to safeguard(s) for cross-border transfer: (i) a data processing agreement incorporating standard data protection clauses promulgated by the EC, a copy of which can be obtained at https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32010D0087, (ii) binding corporate rules for data protection that align with the GDPR’s requirements, or (iii) adherence to an industry- or technology-specific approved code of conduct blessed by the EC.
WHAT IF YOU HAVE QUESTIONS REGARDING YOUR PERSONAL DATA?
If you have any questions about this GDPR Privacy Notice or our data practices generally, please contact us at firstname.lastname@example.org. You can also write to:
Studio Van den Akker
979 Third Avenue
New York, NY, 10022