1. Definitions
a) Jilster: Jilster is a Dutch company (Jilster B.V.), offering a web application (at www.jilster.app, among other places) with which people can create and order a Creation (together). The web application is available in several languages. Production is controlled from the Netherlands and deliveries are made worldwide.
b) Creation: a digital or paper publication made by Jilster, consisting of a bundle of text, photos, and illustrations, possibly provided with a cover.
c) Customer: the natural or legal person who has registered on Jilster with the objective of creating a Creation.
d) Maker: the person who has been invited and authorized by a Customer (chief maker) to digitally contribute to the design of a Creation created by the Customer on Jilster.
e) Buyer: the natural or legal person who purchases one or more Creations (from another person) at Jilster through the order and shipment service.
f) Registration or Application: the act by which the Customer or Maker agrees to these terms and conditions and makes himself known to Jilster by stating his personal data, using a form intended for that purpose on the Jilster website.
g) Makerspace: the web environment in which the Customer or Maker, after logging in, can design or edit his Creation during the design phase.
h) Payment: the situation in which Jilster has received an amount due from the Customer and credited to his bank account.
2. What does Jilster make?
a) After registering, the Customer can create a digital design for a Creation on the Jilster website, free of charge, and thereby start the production process for creating the Creation. At his invitation, and after registering on the Jilster website, others (Creators) can also supply texts and/or images for the Creation and contribute to the design of the Creation's canvases.
b) When the design for the Creation is ready, according to the Customer's opinion, he can order the Creation in physical form against payment. The digital version of the Creation can be shown to others and/or shared on social media free of charge if the Client so wishes. The Client can also choose to offer the Creation for sale via the Jilster website.
c) When the design for the Creation is ready in the opinion of the Customer, the Customer can also order the following products at a charge:
- Creation: as a one-time downloadable file in low-resolution PDF format (72 DPI).
- Cover of the Creation: as a one-off downloadable file in high-resolution PDF format (300 DPI / regular print quality).
3. What is Jilster?
a) Jilster is the trade name of Jilster B.V., registered in The Netherlands at the Chamber of Commerce under number 55429386.
b) Jilster can be reached through the "Contact" section at the Jilster website, by e-mail at support@jilster.app, or by mail at the address Voorstraat 54, 2251 BP Voorschoten, the Netherlands.
4. To what do these general terms and conditions apply?
a) These general terms and conditions apply from the moment of registration or order to every use, and to all orders, offers and agreements regarding the services and products offered by Jilster.
b) Where applicable, these general terms and conditions also apply to the Buyer who purchases a Creation from another party through the "order and shipment service standard" or the "order and shipment service+".
c) Any general terms and conditions other than these General Terms and Conditions are expressly excluded, unless expressly stipulated in a written agreement. If any part of these general terms and conditions is deviated from, the remaining provisions shall remain in full force.
d) If one or more articles of these general terms and conditions are declared invalid by a court ruling:
i. the agreement and the general terms and conditions shall, with due observance of the judgment, be interpreted as far as possible in accordance with the purport of these general terms and conditions
ii. the invalidity will not extend further than expressly determined by court order. The other provisions of these general terms and conditions shall remain in full force and effect in such case.
e) All rights and claims which apply to Jilster based on these terms and conditions and any other agreements, also apply to any intermediaries or auxiliary persons engaged by Jilster.
f) These general terms and conditions are easily available electronically through the Jilster website.
g) Jilster reserves the right to change these general terms and conditions at any time.
h) If Jilster acts as supplier of Software as a Service, then the general terms and conditions of the SaaS agreement apply to Jilster and the customer.
5. How does Jilster work?
a) Design phase
After the Customer has registered on the Jilster website, he can create a Creation, free of charge. This means, in fact, that he can use the Jilster functionalities in the Makerspace to design a Creation, complete with texts, photos, illustrations, and a cover, if desired. After creating the (working) title of a Creation, the Customer is considered the chief creator of this Creation.
b) Creators
During the design phase, the Client can, if he is logged on, invite one or more persons (Makers) through the site to help design the Creation by creating one or more canvasses with texts, photos, illustrations and illustrations. After registration and confirmation of this registration, the invited person will also have access to the editing room and can edit one or more canvases of the Creation. The Client can also authorise a creator to view and edit all the canvases and thus have a role as (co-)chief creator.
c) Duration of the design phase
The date mentioned in the confirmation e-mail is the starting date of the design phase of the Creation. The Creation is accessible from the starting date, regardless of whether it has been ordered or not. When the Creation is ready, it can be ordered.
d) Retention phase and term
The Creation will be stored on Jilster's servers for a standard period of one year after the Creation's creation date, and will be accessible to the Customer and chief creator. The Customer may extend or shorten the storage period of the Creation himself.
e) Ordering phase
The Customer or the Purchaser is informed by email that the order has been placed and Payment received. The Client or Buyer can follow the exact status of the order via his own account (at: my orders). He will be informed when the order is dispatched.
6. Respecting the rights of others
a) In principle, Jilster will only take cognisance of the text, photos or images used by the Customer and/or Makers to the extent required within the scope of the automated production process.
b) The responsibility for the content of the Creation, in the broadest sense of the word, lies explicitly with the Customer and the Creators.
c) The Customer and the Creators guarantee that no rights of others - including intellectual property rights such as copyrights, portrait rights, neighbouring rights and patent rights - will be violated by the use of photographs and texts and indemnify Jilster against claims regarding the violation of such intellectual property rights.
d) The Customer has the legal and moral obligation to ensure that the content of (the design of) his Creation is not or cannot be unlawful, hurtful, discriminating or offensive, and indemnifies Jilster from all responsibility and liability in connection therewith. In any case, content that, according to Jilster's opinion, should be considered pornographic, hate-filled, extremist, slanderous, insulting or discriminating will be considered such.
e) The Customer gives Jilster the right to use the data and images supplied in the Creation for the production of the Creation. Only if and insofar as the Customer has granted permission, does Jilster have the right to show data, images and/or Creations on the site in the Makerspace to third parties.
7. Reservation of unlawful/offensive content
a) Jilster explicitly reserves the right to report to the proper authorities any content of which the use may be punishable.
b) Jilster explicitly reserves the right to refuse content that, in its opinion, does not meet the requirements as stated in the previous article. If this occurs, Jilster will inform the Customer in writing, stating the reasons, and further processing of the order will be stopped, without the Customer being entitled to any compensation for damages or restitution of the price paid.
8. Liability
a) Jilster cannot be held liable if content intended for a Creation and/or that has already been used for a Creation, is completely or partially lost or damaged.
b) Without prejudice to what is determined elsewhere in these general terms and conditions, Jilster's liability - barring intent or gross negligence on the part of Jilster and its employees - is limited to
i. Damages as a result of reproachable mistakes by Jilster and its employees.
ii. The price paid by the Customer or Buyer.
c) The Customer is liable for any direct or indirect damage incurred by Jilster as a result of the content (in the broadest sense of the word) of a Creation designed by the Customer and/or Makers.
9. Data and copyright of the Customer and/or Makers
a) Within the framework of the registration of Customers, Creators and Buyers, Jilster will be provided with a number of details, such as name, address and e-mail address. Jilster will only use this information for the execution and improvement of the services and products offered by Jilster, including so-called service messages, informing Customers about matters of importance to them.
b) Only with explicit approval of the Customer, Creators and/or Buyers, will their registration and order information be used for other purposes, on the understanding that Jilster can provide the Customer with an overview of the orders placed as part of the ordering and mailing service, or the ordering and mailing service+. Such an order overview contains name and address information of Buyers. This is explicitly mentioned on the order screen on the website.
c) Jilster does not receive any copyrights or other intellectual property rights on the Creation and its contents, regardless of the stage of development or production of the Creation.
d) The copyright and/or other intellectual property rights of the Customer and/or Creators do not lead to any rights or claims by them against Jilster on files generated by Jilster within the scope of the agreement, except as explicitly provided otherwise in these terms and conditions and/or the agreement.
e) When registering, the Customer, creator and/or Buyer can indicate, among other things, whether he wishes to receive a newsletter from Jilster by e-mail. The Customer can also unsubscribe from this service.
10. Ordering phase
a) When the design for the Creation is ready, according to the Customer, he can place an order in the Editing Area.
b) The creation can be ordered in physical form, often in various forms (such as stitched or bound).
c) The Creation can be ordered as a PDF file in 72 DPI format. The cover of the Creation can be ordered in PDF format in 300 DPI. This order entitles the Client to download one version.
d) The order of a Client may be subject to further conditions (of payment or order).
e) By completing the ordering procedure, the Customer accepts Jilster's offer and an agreement is created.
f) The order will always take place according to the (general) terms and conditions and prices valid at that moment. Only after payment of the price will the order be complete and finalized.
g) As soon as the ordering process is completed:
i. the Customer can no longer renounce the order and is obliged to pay the price.
ii. the Customer will immediately see a confirmation of the order, including a statement of the total costs, shipping costs and the applicable VAT rate.
h) Jilster reserves the right to refuse orders that are in violation of what has been determined in these general terms and conditions. If an order is refused, the Customer will be informed as soon as possible, stating the reason.
11. Payment
a) Payment shall be made in (one of) the manner(s) indicated during the ordering process.
b) Payment can be made as follows: by credit card (MasterCard, Visa), Payment directly and online, by iDeal, by Paypal and (in Germany) by bank transfer.
c) The date of Payment will be the date on which Jilster received the money in the bank account (credit entry).
d) The Customer authorizes Jilster to perform all actions necessary to effectuate Payment by the payment method chosen by the Customer.
e) All (extra) judicial costs of any kind, which Jilster had to incur as a result of the Customer's non-compliance with his (Payment) obligations, will be charged to the Customer.
f) In case of overdue Payment, Jilster is authorized to dissolve the agreement with immediate effect, without any notice of default, or to suspend (further) delivery until the Customer has completely fulfilled his Payment obligation, including the interest and costs owed.
g) Settlement of claims is only possible to the extent that Jilster has explicitly allowed this.
12. Prices
a) The prices on the website are stated in Euros, U.S. dollars and pound sterling. Prices are inclusive of VAT, and exclusive of shipping costs - unless explicitly stated otherwise.
b) If an order is delivered to a Customer outside the EU, 0% VAT will be charged. Possible import taxes (customs) are not part of Jilster's responsibility and must be paid by the Customer himself.
c) An overview of the shipping costs can be found at the Jilster website.
d) Before entering into an agreement, the total price, including shipping costs and/or other costs will be communicated through the website.
e) Jilster cannot be held responsible for price quotes resulting from obvious (typing) errors.
13. Delivery as ready-to-use printed Creation
a) The Client will receive a confirmation of the order for a printed Creation by e-mail, including the order number, the expected dispatch date and an invoice in PDF format.
b) If the Customer has ordered a pdf-file of the Creation or of the Cover as described in article 2.c. of these General Terms and Conditions, he will be sent a link by which the Creation or the Cover can be downloaded once as a file in the applicable PDF format.
c) Jilster will normally ship the printed Creations in accordance with the production schedule published on the website. The actual duration of delivery thus depends on the day of the order. Jilster strives to ship orders for ready-to-use printed Creations within three to seven working days after receipt of the Payment, but does not explicitly guarantee this.
d) Delivery of printed Creations takes place by means of a parcel service with track and trace, or, if the Customer chooses, by means of a letter (up to 2 kg).
e) Jilster cannot be held responsible for damage to the product delivered, delays in delivery, or imperfections caused by the delivery by the parcel service.
f) Except as explicitly determined in these general terms and conditions, delays in delivery times cannot be used as grounds for cancelling the order, dissolving or annulling the agreement, or for any claim for compensation.
14. Standard order and delivery service: delivery to Buyers
a) On the website, the Customer can choose that a third party (hereinafter to be referred to as: Buyer) can order the Customer's Creation from Jilster at his own expense, at the applicable standard order prices.
b) Jilster will subsequently ensure that the Customer's Creation is delivered to the Purchaser, in accordance with these general terms and conditions. In particular, the provisions of Articles 10 through 13 apply accordingly.
c) In that case, Jilster will not make any payment to the Customer. Nor does the Customer owe Jilster any payment for Creations ordered by Buyers.
d) The Customer will not be informed about a new order at Jilster; however, upon request, the Customer can receive an overview of orders by email. Such an order overview contains name and address details of Buyers. The order summary does not contain any payment data (account numbers and such).
e) The Customer may withdraw its consent to the ordering by Buyers at any time. If the consent is withdrawn after a Buyer has already placed an order, that order shall still be delivered to the Buyer.
15. The Makerspace
a) A ready-made Creation and/or cover can be displayed on the homepage of the Jilster website, in a way that is visible to everyone. Creations will only be placed in the makerspace after they have been explicitly registered by the Customer.
b) The Customer guarantees that no copyrights or other intellectual property rights will be violated, in accordance with what has been determined in Article 6 of these general terms and conditions.
c) Jilster will make a selection from the Creations and Covers submitted. If a Creation or Cover is actually placed in the Makerspace, the Customer will receive an e-mail. There will be no notification if a creation is not placed.
d) The Customer or Jilster can remove a creation or cover from the makerspace at any time. There will be no notification of this.
e) No costs or compensation will be charged for displaying a Creation in the makerspace.
16. Quality of the printed Creation
a) All information, images, information given by word of mouth, by phone or by e-mail, and statements regarding the products of Jilster, as well as the most important characteristics of the products, will be displayed or made as accurately as possible. However, Jilster cannot guarantee that all offers and products are fully in accordance with the information provided. Deviations can, in principle, not be a reason for compensation for damages and/or dissolving the agreement.
b) If the Customer or Buyer has a complaint about a delivered Creation, because it deviates in essential points from what was ordered, he can return the delivered Creation by mail to Jilster at the postal address Rouwkooplaan 5, 2251 AP Voorschoten, the Netherlands. In doing so, he will need to provide an accurate and clear description of the deviation(s). In principle, the costs of the return shipment will be at one's own expense.
c) Complaints shall only be honoured if
i. upon delivery, the delivered product clearly deviates in important and essential points from what the Customer or Buyer might reasonably expect, and
ii. the deviations have been reported to Jilster in writing or by e-mail as soon as possible, but no later than one week after receipt of the delivered product, and
iii. the deviations do not relate to physical damage to the delivered product that may have occurred during or after delivery, and
iv. the deviations concern technical defects in the delivered products and are not the result of photo or image files with insufficient resolution or too much compression.
d) Jilster will respond to complaints submitted in accordance with this article as soon as possible, but in any case within one week.
e) If a complaint has been made with good reason, the Customer or Buyer can claim redelivery of the ordered product. Damage caused by delay, indirect damage or consequential damage shall not be eligible for compensation. No refund of the purchase price shall be made.
17. Revocation
Since Jilster products are custom-made according to the Customer's design, and the production process starts immediately or soon after the order has been placed and payment has been received, it is not possible to revoke or dissolve the order.
18. Storage and retention period
a) Storage of Creation
By default, the Creation will be stored on the servers used by Jilster for this purpose (the so-called storage period) for up to one year after the creation date at the request of the Customer/chief maker. During the storage period, the Creation will be accessible through the Jilster website. The Customer/chief maker can modify this retention period by deleting the Creation at any time.
b) Destruction of the Creation
After the conservation period has expired, the Creation, together with all related (image) files, will be permanently destroyed. It is not possible to restore or repair a previous version of a Creation.
c) Extending or shortening the retention period.
If a Client/filmmaker does not want the Creation and all related files and images to be destroyed after one year, the Client/filmmaker can extend or shorten the storage period at any time (at: My Creations). The extension is always for the duration of one year. This extension or reduction of the standard conservation period is the exclusive responsibility of the Client/chief creator.
d) No costs will be charged for an extended storage period. Jilster reserves the right to charge for this in the future.
e) Service messages
Three months and another one month before the expiration of the standard or set retention period, Jilster will send a service message by e-mail. This message contains a reminder/announcement of the impending deletion of the Creation and the corresponding image files. A service message will be sent to the e-mail address of the Customer/senior producer, as known to Jilster for this Creation. Jilster will also notify the chief creator by e-mail after the actual removal of the Creation. The service messages are exclusively a form of service. The Customer/chief creator cannot derive any rights from the service messages. Neither is Jilster negligent if a service message has not been sent, or has been sent to an incorrect mail address (anymore).
19. Force majeure
a) In case of circumstances beyond one's control, Jilster has the explicit right to either suspend the Customer's or Buyer's order, or to dissolve the agreement and, if applicable, the additional agreement, without judicial intervention, by informing the Customer or Buyer of this in writing. In case of force majeure, Jilster will never be held to pay any compensation for damages, unless this would be unacceptable according to standards of reasonableness and fairness under the given circumstances.
b) Force majeure also includes the situation in which a third party, on whom Jilster depends for the execution of the agreement, does not or cannot perform for Jilster because of a force majeure situation.
c) Force majeure also includes the situation in which there is no (full) back-up of the content of a Creation due to any circumstance whatsoever, regardless of whether this is the fault of Jilster, another party and/or subcontractors.
20. Applicable law and choice of forum
a) The legal relationship between Jilster and the Customer, Maker or Buyer, including all rights, obligations, orders and agreements, shall be governed exclusively by Dutch law.
b) The Netherlands is the country with which the agreement between Jilster and the Customer or Buyer is most closely connected, since Jilster is a Dutch company and the web application was developed and is being (re)developed in the Netherlands. Therefore, all disputes between Jilster, Customers, Creators and Buyers, will be exclusively settled by the competent court in The Hague, the Netherlands.
21. Transitional provision
a) If the general terms and conditions of Jilster change between the moment of registration and the moment of ordering, the Customer or Purchaser will be asked to agree with the (then changed) general terms and conditions during the ordering phase. If the Customer or Buyer does not agree to the new general terms and conditions, no order/agreement for the delivery of a Creation will be concluded.
b) With regard to the adjustment of the retention period (whereby this is set by default at one year after the creation date), for all Creations created before these General Terms and Conditions come into effect, the start of the retention period is set at the effective date of these General Terms and Conditions.
22. Updates
Jilster may update these Terms and Conditions from time to time by posting an update on the Jilster website. By continuing to use our services, you agree to the updated Terms and Conditions on a provisional basis.
23. Questions, complaints, and remarks
If you have any complaints, questions, or remarks about matters and/or situations that are not covered by these general terms and conditions or by the agreement entered into, you can always contact Jilster. By mail at the address:
Jilster B.V., Voorstraat 54, 2251 BP
Voorschoten, the Netherlands.
And by e-mail at support@jilster.app
If you have any questions after reading these terms and conditions, please do not hesitate to contact us.