General Terms of Serivce
These Terms of Services are applicable on all ventures of Etnicea and related initiatives.
The Services may not be used by anyone under the age of 18 without the supervision of a parent or legal guardian who agrees to be bound by these Terms. You represent and warrant that you are at least 18 years of age (or the age of legal majority under applicable law), or, if not, that you have reviewed these Terms with your parent or legal guardian and that he or she has agreed to be bound by these Terms.
Etnicea grants you a limited, non-sublicensable license to access and use the Services for your personal use only. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. Nothing from the website of Etnicea can be used for any purpose unless written consent has been given by Etnicea.
The basics in these Terms of Service for Etnicea urge anyone not do the following things: disrupt, change, alter, reverse engineer, bypass, destroy or cripple any content of our websites, the Etnicea Videogame or any other content related to Etnicea. Everything is copyrighted and intellectual material of Etnicea and should be treated as such.
1. Terms of Service – Etnicea
1.1 The Terms of Service are applicable on all offers, quotations, invoices, orders, services and agreements. The Terms of Service are also applicable on the shape of the relation a customer and Etnicea develop with each other. This goes from visiting one of the Etnicea websites, to using a particular service offered by Etnicea.
1.2 The version of the Terms of Service that is shown online are applicable at the moment you browse or use one of the services offered by Etnicea. The online version of the Terms of Service is identical to the Terms of Service that is applicable on the client/customer at the moment of purchase a product or engaging in a service of Etnicea. When the Terms of Service change the version that was online at the time you purchased a product or engaged in a service are applicable.
1.3 The Terms of Service of the client/customer are not part of the agreement between Etnicea. and client/customer. Unless otherwise agreed and with written consent given by Etnicea.
1.4 When complete or partly destruction or annulment of one or multiple parts of these Terms of Service occurs, the remaining parts of these Terms of Service will remain in effect.
Specific definitions in the Terms of Service
2. A virtual handshake
2.1 When you as a client/customer makes an agreement via purchase or project delivery with Etnicea, a similar viewpoint as described in Commerces is expected from Etnicea and you.
2.2 All material on Etnicea.com is copyright protected and intellectual property. If you would like to use certain material you need written approval from Etnicea. 9/10 times you can use our material. We just like to know first and give the ‘Go’.
3. Agreements and contracts
3.1 When the client chooses to apply for a quotation or to seek contact with Etnicea via other ways with the purpose to place an order at Etnicea, both verbal and written communication are summarized by Etnicea. The client will receive an email from Etnicea or one of its ventures that describes the clients request and the terms and agreement proposition by Etnicea of the specific request placed by the client. The client will be asked to verify the statements and proposition made by Etnicea or its ventures.
3.2 Etnicea will only start working for its clients when a written (by email) agreement has been given by the client. In practice it means that you, the client, will have to give the “go” sign to Etnicea or one of its ventures before it will start working on your project. The right of withdrawal is not applicable after this written consent (see paragraph 3.6 for more details). After all, Etnicea or one of its ventures already started working on your project. Panic? Call us, before we have already finished up
3.3 In matters of dealing with a private individual Etnicea follows guidelines as described in paragraph 2.1 and 2.2. The back and forth correspondence regarding an order or question follows the guidelines as written in paragraph 3.1 and 3.2.
3.4 It is possible that your request/order lies not within the expertise of Etnicea causing Etnicea not being able to comply and carry out your request. Etnicea will notify you, when this occurs, as soon as possible before trying to make a start on the project.
3.5 It is within the realms of possibility that a specific request/order/wish does not align with the principles and ethics of Etnicea. Etnicea will notify the client/costumer as soon as possible on the matter with the goal of saving time so the client/costumer can move to search another party whom might comply with the request/order.
3.6 If a client chooses to cancel or halt the service Etnicea is performing for the client. The worked hours will reasonably be charged. The client will then receive the (unfinished) work done by Etnicea so the client can take it to another party.
3.7 Ventures, companies and organizations are asked to contact Etnicea via the business contact form as communication will be done via that particular channel. From here it is possible that Etnicea and the company in question come to a business agreement.
3.8 Every agreement is based on the suspensive conditions of sufficient availability of the concerned product.
4. Offers and request
4.1 The client can request a quotation via the Etnicea website. After the client has filed for a quotation, Etnicea works to provide the client with a response/answer within 24 hours. A quotation is always free of charge and creates no obligations. A quotation is valid for one month. During this time the client can decide whether the client wants to start an agreement and working relationship with Etnicea. When a month passes and the quotation is due date, you can simply request a new quotation.
4.2 Prices that are given in the offers and quotations are present as including VAT for private individuals. No extra calculation is needed. For business related clients prices are presented excluding VAT.
4.3 A quotation is transformed into a order when the client gives a written “ok to go” to Etnicea as described in paragraph 3.1 and 3.2.
4.4 When a client wants the assignment to be expanded with activities that are not described in the quotation and/or included in the agreements? Etnicea can adjust the offer in accordance with paragraph 3.1 and 3.2, in consultation with the client. The hourly rate of Etnicea is then linked to this to cover the extra work financially and to keep things in balance; work performed vs. payment.
5. Products offered
5.1 If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
5.2 The offer is without obligation. Etnicea is entitled to change and adapt the offer.
5.3 The offer contains a detailed description of the products and/or services offered. The description is sufficiently detailed to enable the visitor/client to properly access the offer. As Etnicea uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind Etnicea.
Note: When you view content on Etnicea your screen settings of your PC screen or mobile phone determines in which light value the content is displayed. This can cause images to be over- or underexposed on your PC screen or mobile phone or depict the colors a bit different than they actually are..
5.4 All images, specifications and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.
5.5 Images of products are a true representation of the products offered. Etnicea cannot guarantee that the displayed colors exactly match the real colors of the products. Your screen settings of your PC screen and/or mobile phone have an effect on the display of a product.
6.1 Prices are stated on the website including VAT. Prices can change due to fluctuations in material costs, VAT rates or other circumstances that require adjustments of the prices. Etnicea reserves the right to change its prices in accordance with these terms and conditions.
6.2 When the customer purchases a product via the websites of Etnicea the customer binds itself to the price that is presented at that time and the Terms of service that applies at that time. Any price changes that take place after the customer has made a purchase will not be charged extra to the customer. See also paragraphs 1.2, 2.1 and 2.2.
6.3 Prices can be subject to printing and typesetting errors. Etnicea does not accept liability for the consequences of printing and typesetting errors. Etnicea is not obliged to deliver the product according to the incorrect price.
7.1 You have paid but are not satisfied with the work. Please contact Etnicea and we will look at the specifics and further help out to the limits of reason.
7.2 Payments to Etnicea are processed by Mollie Payments. Mollie Payments is mentioned on the receipt of your purchases. Mollie Payments processes personal data. Are you curious about the general terms and conditions of Mollie Payments? Click here to view the terms and conditions of Mollie Payments.
7.3 Etnicea uses Ecwid Webshop to offer its products. Ecwid Webshop acts as a plugin on the Etnicea website. Are you curious about Ecwid's terms and conditions? Click here to view Ecwid's terms and conditions.
7.4 When the assignment is completed, Etnicea will send the client the work / design that has been made. Are you satisfied? Then we will send you an invoice or receipt. The price is predetermined in consultation with the client. However, it may be that the client is not completely satisfied and still wants to see small changes. This is also done in consultation and any additional costs (hourly rate) can be charged.
7.5 Payment terms of Etnicea are set at 14 days (2 weeks).
7.6 Etnicea expects the client to have the money to pay for the assignment. Otherwise, it is strongly recommended not to place an order at Etnicea. We steer towards a cooperative and honest working relationship.
7.7 If you, as the client, are not able to pay the bill within the first payment term, Etnicea will send you a reminder after 14 days. This reminder is also valid for 14 days. If the client is unable to pay the bill after these 14 days, Etnicea will seek to contact you to discuss the invoice and to explore further options into completing said owned transaction.
7.8 After the payment-reminder that is valid for 14 days, a second reminder will be sent which is also valid for another 14 days. After those 14 days, a third reminder is issued that is also valid for 14 days. Etnicea does not charge interest on the amount, but does charge the (potential) costs of sending the letters. We continue to assume that this is not done with malicious intent.
7.9 If there are malicious intentions or deliberate non-payment where you also refuse, in collaboration with Etnicea to find a solution. Then Etnicea is forced to activate a collection agency, reluctantly. Etnicea strives to remain in collaboration, but if this does not work, we see ourselves forced to take action.
7.10 In case of paragraph 7.8 and paragraph 7.9 Etnicea can decide not to engage into further cooperation with the client / customer in the future.
8. Conformity and Warranty
8.1 Etnicea guarantees that the products and / or services comply with the agreement and that the specifications stated in the offer and are met with the reasonable requirements of reliability and/or usability on the date of the conclusion of the agreement and in accordance with legal provisions. Etnicea cannot ensure that the product is suitable for other than normal use.
8.2 A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the customer under the agreement can assert against Etnicea.
8.3 Any defects or incorrectly delivered products must be delivered to Lost Gen. within 2 weeks after delivery. Company to be notified in writing. Return of the products must be in the original packaging and in new condition.
8.4 The warranty period of Etnicea corresponds to the factory warranty period. However, Etnicea is never responsible for the ultimate suitability of the products for each individual application by the customer, nor for any advice regarding the use or application of the products.
8.5 The warranty does not apply or is voided if:
9. Delivery and time-span
9.1 Etnicea and client make an agreement about when the order/project should be done. Urgent orders are possible but can come with an additional fee.
9.2 It is possible that due to events beyond our control that Etnicea cannot deliver on time. Etnicea will, in its own judgment, inform the client of this as soon as possible, after which Lost Gen Company and client try to reach a new delivery date together.
9.3 When sending designs and/or products Etnicea uses various mail order companies including PostNL, DHL Services or UPS Services. It is also possible that a design/product is personally delivered by someone related to Etnicea.
9.4 Indications for delivery time are stated with the products on the website. Generally it takes 1-7 days to deliver within The Netherlands, Belgium and Germany. Where possible, the client is provided with a tracking code to track the shipment.
10. Right of withdrawal
When products are delivered
10.1 When purchasing a product, the customer has the option to dissolve the agreement without giving reason during 14 days. This reflection period starts on the day of delivery of the product at the customer or a representative designated in advance by the customer and announced to Etnicea .
10.2 During the reflection period, the customer will handle the product and packaging with care. It will only unpack or use the product to the extent necessary to assess whether the product meets the customer's wishes. If the costumer makes use of the right of withdrawal, the customer will return the product with all accessories and in the original condition and packaging to Etnicea, in accordance with Etnicea provided instructions.
10.3 If the customer wishes to make use of its right of withdrawal, it is obliged to notify Lost Gen. within 14 days of receipt of the product. Company. You can make this known via the contact form or by returning the package directly to the address of Etnicea. The customer may be asked to prove that the delivered goods have been returned on time, for example by means of proof of shipment. Please keep this ticket during the return process.
10.4 If, after the period to the right of withdrawal expires as referred to in paragraphs 2 and 3, the customer has not made it known that he wishes to make use of his right of withdrawal and the product has not been sent to Etnicea, the purchase is a fact.
10.5 When providing services, the customer has the option to dissolve the agreement without stating a reason for 14 days, starting on the day of purchase and or agreement to the terms of services.
10.6 To make use of the right of withdrawal, the customer must focus on the instructions provided by Etnicea regarding sending the product back to Etnicea.
Additional costs in case of withdrawal
10.7 If the customer makes use of his right of withdrawal, the costs of returning the goods will be borne by the seller, provided this is done within the 14 days of the right of withdrawal.
10.8 If the customer has paid an amount, Etnicea will refund this amount as soon as possible and no later than 14 days after cancellation. The condition is that the product has already been received back by Etnicea. Reimbursement will be made via the same payment method used by the customer unless the customer explicitly gives permission for another payment method.
10.9 In case of damage to the product due to careless handling by the customer. The customer is liable for that damages to the product. In a negative case, Etnicea refuse to take back the product. The customer will first be informed about this by email or telephone and a refund is not granted.
10.10 The customer cannot be held liable for any depreciation of the product when Etnicea did not provide all legally required information about the right of withdrawal, this must be done before the conclusion of the purchase agreement.
Exclusion of right of withdrawal
10.11 Etnicea can exclude the customers right of withdrawal for products. The exclusion of the right of withdrawal only applies if Lost Gen. The Company has clearly stated this in the offer, at least in time for the conclusion of the agreement.
10.12 Exclusion of the right of withdrawal applies for the following products:
* that have been established by Etnicea in accordance with customer specifications;
* that are clearly personal in nature;
* which cannot be returned due to their nature;
* whose price depends on fluctuations in the financial market on which Etnicea has no influence;
* the delivery of which commenced with the express consent of the customer after the reflection period has expired;
* where the customer and Lost Gen. The Company have entered into a work-relation as described in paragraph 3.1, paragraph 3.2 and paragraph 3.6 regarding the restoration, upgrading and coloring of black and white photos, making custom designs for the client or other forms of services by Etnicea.
11. Property and copyright
11.1 That which Etnicea makes for the client ultimately becomes the property of the client. After all, you payed for it. It is that simple.
11.2 Graphic designs and/or paintings can be signed by the designer/artist of Etnicea. It is also possible that a logo in the form of a sticker or small text is placed on the back of the design. In all cases, the final product is delivered as clean as possible.
11.3 On the websites of Etnicea images, graphic designs, logos, texts and videos of other artists, designers and other authors are published in digital form. It is always stated who the original author and owner of the work in question is. The work is also provided with a digital link to the relevant website of the author/copyright holder or her/his social media platform for the benefit of their public relations.
11.4 Following paragraph 11.3: it is at all times not permitted to download and/or use any form of content or material that you can find / see / use on the website of Etnicea and/or use for personal or commercial purposes unless explicitly stated on the relevant page that this is allowed. This has purely to do with the fact that art and design works by others have also been made visible on the Etnicea websites. Etnicea has made arrangements/agreements with these specific artists, designers and authors about publishing their works on the Etnicea websites. The copyright and intellectual property laws are taken very seriously by Lost Gen. Abide these laws with us.
11.5 Uploading material to the MiGa90 webstore should only be done when you own the copyright to the material you would like to upload. MiGa90 - Etnicea does not perform a copyright-check. This responsibility lies with the uploader. MiGa90 - Etnicea does not except any responsibilities regarding faulty usage of copyrighted material.
12. Liability, Law and regulations
12.1 If you, the client, provide visual material to be understood as video, photo, design or drawing material, you, the client, are and remain liable for the contents thereof. This is to account for the use of material that is not your own. If you use material that is not your own, you must arrange the permission yourself.
12.2 Copyright laws are quite serious and that is largely logical. It is not okay to use another person's work if the other has not consented to it. This may be because you are presenting the work of someone else in a completely different light than the original artist intended. So pay attention to what you provide. Etnicea is not liable for the work it engages in. Etnicea assumes that you own the rights (ownership rights and copyright) in the material yourself. If this turned out not to be the case afterwards, the client remains responsible in this situation. Etnicea assumes no liability in this.
12.3 In the event that Etnicea receives images from the client in which a real / actual crime has been recorded in video or photographic manner, appropriate action will be taken.
12.4 Etnicea takes no accountability in damages caused to software or hardware when using this website or any other website associated with Etnicea.
13. Complaints & procedure
13.1 Complaints about the implementation of the agreement must be submitted fully and clearly described to Etnicea within 7 days, after the customer has discovered the defects.
13.2 The complaints submitted to Etnicea will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Etnicea will reply within 14 days with a notice and indication when the customer can expect a more detailed answer.
13.3 If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
13.4 In case of complaints Etnicea will work eager to resolve the issue where possible. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
13.5 A complaint does not suspend the obligations of Etnicea, unless Etnicea indicates otherwise in writing or is externally imposed to do so.
13.6 If a complaint is found to be well-founded by Etnicea, Etnicea will replace or repair the products free of charge.
14.1 On agreements between Lost Gen. The Company and customer/client to which these terms of service and conditions apply are exclusively governed by Dutch law. Even if the customer/client resides abroad.
14.2 Disputes are settled by the court in the district where Etnicea is established.
- Updated 14/09/2022, by Etnicea -