Terms and conditions

Draft — have this reviewed by a legal professional. These terms apply to every cartoon, caricature, drawing, illustration, animated cartoon video and custom comic book that De Cartoonist (Hans Esser, Burg. Grothestraat 82, 3761 CN Soest, the Netherlands) makes to order.

Offer and how an agreement is made

De Cartoonist makes digital cartoons, animated cartoon videos, custom comic books and illustrations based on photos and information supplied by the client, using AI tools combined with drawing and finishing by hand. Information on the website is not a binding offer.

Before work starts, the client is told the price of the order. An agreement is formed when the client accepts the stated price via WhatsApp, email or in writing and pays the Tikkie payment request. Chamber of Commerce (KvK) number: [TO BE COMPLETED].

Prices

  • A cartoon, in any style, costs from €150 per cartoon.
  • An animated cartoon video costs from €250 for a video of up to 9 seconds. A longer video is possible at a higher price, agreed in advance.
  • A custom comic book of a pet, family or loved one costs from €250.
  • The final price depends on, among other things, the number of people or animals, the background or scene, the length of a video and the number of pages of a comic book. It is always stated before work starts.
  • Prices include VAT where applicable.

Delivery, proof and revision

  • The cartoon, video cartoon or comic book, or its proof, is delivered within 3 days of payment.
  • This term is extended in case of force majeure, or if the client supplies the photos or information needed late or incompletely.
  • The client receives a proof before the cartoon, video or comic book is final.
  • One revision round is included. A revision concerns details of the agreed design. Further changes after that, a different style, extra people or a new concept are possible by arrangement at an extra charge agreed in advance.
  • The final work is delivered digitally via email or WhatsApp: a cartoon or comic book in high resolution and without a watermark, a video as a video file, for example MP4.

Payment

  • Payment is always made in advance, via a Tikkie payment request that the client receives on WhatsApp; payment is made with iDEAL.
  • Work on the order starts only once payment has been received.
  • The amount of the Tikkie is the price confirmed to the client before payment.
  • The copyright of every cartoon, video and comic book remains with the cartoonist.
  • After payment the client receives a non-exclusive licence for personal, non-commercial use, such as gifts, prints, social media and profile pictures.
  • Commercial use, such as logos, advertising, packaging or merchandise for sale, is possible by arrangement and requires a separate written agreement.
  • De Cartoonist may show the work as an example only with the client's permission.

Photos and protected characters

  • The client guarantees that they are entitled to use the photos supplied and have permission from the people shown in them.
  • De Cartoonist does not copy protected characters, logos or other third-party intellectual property and may refuse requests that would infringe such rights.
  • Requests that are offensive, discriminatory or unlawful may be refused.

Right of withdrawal

Because every cartoon, video and comic book is made to the client's specifications, the statutory right of withdrawal for consumers does not apply (Article 6:230p of the Dutch Civil Code). By paying the Tikkie the client agrees that work starts straight away.

Complaints

Complaints about the delivered work must be reported to info@decartoonist.com within two months of discovering the problem, with a clear description. De Cartoonist will then look for a solution together with the client, such as an adjustment of the work.

Liability and applicable law

The liability of De Cartoonist is limited to the amount paid for the order concerned, except in the case of intent or gross negligence. Dutch law applies to these terms and to every agreement. The processing of personal data is described in the privacy policy for photos and personal data.

Frequently asked questions

When is an agreement for a cartoon formed?

An agreement is formed when you accept the stated price and pay the Tikkie you receive on WhatsApp. Until then, asking questions or sending photos does not bind you.

Which prices apply under the terms and conditions?

Under the terms, a cartoon costs from €150, an animated cartoon video from €250 for up to 9 seconds, and a custom comic book from €250. The final price depends on your wishes and is stated before work starts.

How many revisions are included under the terms?

One revision round is included. It covers details of the agreed design, such as expression, hair, colours or text. Further changes after that are possible by arrangement, at an extra charge agreed in advance.

What counts as a revision and what as a new request?

A revision adjusts details of the agreed design. A different style, extra people or a new concept is a new request, which may be charged separately at a price agreed in advance.

How is the final cartoon delivered under the terms?

The final work is delivered digitally via email or WhatsApp: a cartoon or comic book in high resolution without a watermark, a video as a video file such as MP4.

What is the delivery term under the terms and conditions?

Your cartoon, video cartoon or comic book, or its proof, is delivered within 3 days of payment. The term is extended in case of force majeure, or if photos or information needed for the order are supplied late.

What are the payment terms for a cartoon?

Payment is always made in advance, via a Tikkie payment request that you receive on WhatsApp and pay with iDEAL. Work on your order starts once the payment has been received.

Who owns the copyright of my cartoon?

The copyright of every cartoon remains with the cartoonist. After payment you receive a non-exclusive licence to use the cartoon for personal, non-commercial purposes.

What may I do with my cartoon under the personal-use licence?

Under the personal-use licence you may use the cartoon for gifts, prints, social media and profile pictures. Using it to promote or sell products or services falls outside this licence.

Can I use my cartoon for a logo, advertising or merchandise?

Yes, by arrangement. Commercial use such as a logo, advertising, packaging or merchandise for sale requires a separate written agreement, so mention it before the order.

Do I need permission to use someone else's photo for a cartoon?

Yes, you guarantee that you may use the photos you supply and that the people shown have given permission, or for minors their parent or guardian. Photos of others without permission should not be sent.

Can I order a cartoon of a famous cartoon character?

No, De Cartoonist does not copy protected characters, logos or other third-party intellectual property. You can, however, be drawn in your own original cartoon style and scene.

How long do I have to report a complaint about my cartoon?

Report a complaint about the delivered work to info@decartoonist.com within two months of discovering the problem, with a clear description. De Cartoonist will then look for a solution with you, such as an adjustment.

Do I have a right of withdrawal for a custom cartoon?

No, because every cartoon is made to your specifications, the statutory right of withdrawal does not apply (Article 6:230p of the Dutch Civil Code). By paying the Tikkie you agree that work starts straight away.

How is liability limited and which law applies?

The liability of De Cartoonist is limited to the amount paid for the order concerned, except in the case of intent or gross negligence. Dutch law applies to the terms and conditions.

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