Terms & Condition & Privacy

All sales are final. All digital products are non-refundable and non-returnable.

Article 1  – Definitions
Article 2  – Seller’s identity
Article 3  – Applicability
Article 4  – Offer
Article 5  – Agreement
Article 6  – Right of withdrawal
Article 7  – Prices
Article 8 – Compliance and extra guaranty
Article 9 – Delivery and execution
Article 10 – Language
Article 11 – Payment
Article 12 – Privacy Statement

Article 1 – Definitions

In these Terms and Conditions, the following terms shall have the following meanings

Additional agreement: an agreement in which the Consumer acquires products, digital content and/or services with respect to a distance agreement and these goods, digital content and/or services are delivered by the Seller or a third party on the basis of an arrangement between this third party and the Seller.

Reflection period: the period during which the Consumer may use his right of withdrawal.

Consumer: the natural person who does not act for purposes related to his/her commercial, trade, craft or professional activities.

Day: calendar day

Digital content: data produced and delivered in digital form;

Continuing performance contract: a contract serving to deliver goods, services and/or digital content in a given period;

Sustainable data carrier: any means, including email, that allow the Consumer or the Seller to store information directed to him/her  personally in such a manner that makes future consultation and use possible during a period that matches the purpose for which the information is destined and which makes unaltered reproduction of the stored information possible.

Right of withdrawal: the Consumer’s option not to proceed with the  distance agreement within the cooling-off period.

Art Classes by Benjamin or the Seller, the natural or legal person who provides products, (access to) digital content and or services to Consumers at a distance. Also referred to as ArtbyBenjamin or Mercy Publishers.

Distance contract: a contract concluded by the Seller and the Consumer within the scope of an organized system for distance selling products, digital content and/or services, whereby exclusive or additional use is made of one or more technologies of distance communication up to the conclusion of the contract;

You or the User or the Consumer or the Student.

Technology for distance communication: a means to be used for concluding an agreement without the Consumer and the Seller being together in the same place at the same time.

Article 2 – Seller’s identity

Mercy Publishers
Art Classes by Benjamin / Art by Benjamin / Benjamin Aeilkema
Zwaluwstraat 3
7102AT Winterswijk
The Netherlands
E: mail (at) artbybenjamin.com
Chamber of Commerce number (KVK) 59958650
VAT:  NL136048031B01

Article 3 – Applicability

These General Terms and Conditions apply to any offer from the Art Classes by Benjamin and to any distance contract concluded by the Seller and the  Consumer.
Before concluding a distance contract, the Art Classes by Benjamin shall make the text of these General Terms and Conditions available free of charge and as soon as possible. If this is reasonably impossible, Art Classes by Benjamin shall indicate in what way the General Terms and conditions can be inspected and that they will be sent free of charge if so requested, before the distant contract is concluded.
If the distance contract is concluded electronically, the text of these General Terms and Conditions, in deviation from the previous section and before the distance contract is concluded, may also be supplied to the Consumer electronically in such a way that the Consumer can easily store it on a long- term data carrier. If this is reasonably impossible, it will be specified where the General Terms and Conditions can be viewed electronically and that they will be sent to at the Consumer´s request free of charge, either via electronic means or otherwise, before concluding the distance contract;

Article 4 – Offer

If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer.
The offer contains a full and accurate description of the products, digital content and/or services offered. The description is suitably detailed to enable the Consumer to assess the products, or services and/or digital content adequately. If the Seller makes use of pictures or videos, they are truthful images of the products and/or services provided. Obvious errors or mistakes in the offer do not bind the Seller.
All offers contain such information that it is clear to the Consumer what rights and obligations are attached to accepting the offer.

Article 5 – Agreement

The contract becomes valid when the Consumer has accepted the offer and fulfilled the terms and conditions set.
If the Consumer accepted the offer via electronic means, the Seller  shall promptly confirm receipt of having accepted the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, the Consumer may repudiate the contract.
If the contract is concluded electronically, the Seller will take appropriate technical and organizational security measures for the electronic data transfer and ensure a safe web environment. If the Consumer can pay electronically, the Seller shall observe appropriate security measures.
The Seller may, within the limits of the law, gather information about Consumer’s ability to fulfill his payment obligations, and all facts and factors relevant to responsibly concluding the distance contract. If, acting on the  results of this investigation, the Seller has sound reasons for not  concluding the contract, he is lawfully entitled to refuse an order or request supported by reasons, or to attach special terms to the implementation.
Art Classes by Benjamin / Art by Benjamin has the right to use work and photo’s by students posted in our Facebook groups for promotion. When you purchase a course you automatically agree with this.

Article 6 – Right of withdrawal

Art Classes by Benjamin only delivers digital content without any physical carrier. The consumer understands that because of the nature of these digital goods Art Classes by Benjamin is in the right to exclude all digital goods from the Right of withdrawal. With agreeing to this terms and conditions the consumer that he or she loses his/her right of withdrawal.
The performance of delivering the digital content was started with the Consumer’s explicit prior consent.

Article 7 – Pricing

The prices of the products and/or services provided shall not be raised during the validity period given in the offer, subject to changes in price due to changes in VAT rates.
Contrary to the previous paragraph, the Seller may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Seller’s control, at variable prices. The offer will state the possibility of being subject to fluctuations and the fact that any indicated prices are target prices.
Price increases within 3 months after concluding the contract are permitted only if they are the result of new legislation.
Price increases from 3 months after concluding the contract are permitted  only if the Seller has stipulated it and they are the result of legal regulations or stipulations, or the Consumer has the authority to cancel the contract before the day on which the price increase starts.
All prices indicated in the provision of products or services are including VAT.
All prices are in EURO’s. Prices, if given in any other currency are estimated prices.

Article 8 – Performance of an agreement and extra Guarantee

Art Classes by Benjamin guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the day the contract was concluded.

Article 9 – Delivery and execution

Art Classes by Benjamin only delivers access to digital goods. No physsical producs are being mailed nor shipped. No digital files are being transferred. You will receive a clear message where to find your digital products. If you do not receive an e-mail after purchase, you can either find your files by logging in at www.artbybenjamin.com or you can send an e-mail to mail(at)artbybenjamin.com
Art Classes by Benjamin is not responsible for any damage caused when downloading digital products.
Delivery of access to digital files only happens after a successful completed payment.
Access to the additonal Facebook groups are only meant as a free extra service that comes with the purchased product, not as a Consumer’s right.
Art Classes by Benjamin is not responsible for any mental or physical damage incurred while following online workshops, art classes, articles or e-courses by Art Classes by Benjamin.

Article 10 – Language

You understand and agree that all digital files at Art Classes by Benjamin are in English, unless otherwise noticed.

Article 11 – Payment

Because all goods are digital, there is no period of reflection.
Prices are not negotiable.
The Consumer has the duty to inform Art Classes by Benjamin promptly of possible inaccuracies in the payment details that were given or specified.

Article 12 – Privacy Statement

Mercy Publishers / Art classes by Benjamin cares greatly about your privacy. We exclusively process data that we need for (improving) our services, and carefully handle all information gathered about you and your usage of our services. Your data is not shared with third parties for commercial goals. This privacy policy applies to the use of the website and the services provided by Mercy Publishers / Art classes by Benjamin. The starting date for the validity of these terms and conditions is 02/08/2019, with the publication of a new version the validity of all previous versions is canceled. This privacy policy describes what information about you is collected by us, what this data is used for and with whom and under what conditions this data could be shared with third parties. We also explain to you how we store your data, how we protect your data against misuse and what rights you have regarding the personal data you provide us. If you have any questions about our privacy policy, please contact us, you will find the contact details at the end of our privacy policy.

About our dataprocessing
Below you can read how we process your data, where we save it, what security techniques we use and to whom the data is visible.
We use webhosting and email services provided by Strato.nl. Personal data gathered with the use of our website and services is shared with
Strato.nl requires access to these details to offer (technical) support. They will not use this data for any other purposes. Strato.nl has an obligation, based on the agreement we have with them, to take necessary precautions and security measures when it comes to your personal data.
Our webshop has been developed using WordPress, WooCommerce and LearnPress software, We host our webshop on a server under own management. We have taken necessary precautions and security measures when it comes to your personal data such as an SSL-encryption and a strong password policy.

E-mail and mailinglists
For our regular business email, we use the email services of Strato.nl and LearnPress. This party has implemented fitting technical and organisational measures to prevent misuse, loss or corruption of your data. Strato.nl or LearnPress does not have access to our mailbox and we treat our email-traffic confidentially.

Payment processors Mollie and PayPal
For concluding and processing (part of) our payments in our webshop we use the payment provider Mollie and PayPal. PayPal and Mollie may process your name, address and residence information. They also process payment information such as your bank account number or credit card number. Mollie has implemented fitting technical and organisational measures to protect your personal data. Mollie retains the right to use your personal (anonymized) information to further improve their services and, within this context, share it with third parties. All the aforementioned guarantees in regard to the  rotection of your personal data are also applicable to any services by Mollie that uses third parties. Mollie does not store your data any longer than the instalments permitted by the appropriate legal grounds.

General purpose of data processing
We use your data with the sole purpose of providing you with our services. This means that the goal of processing this data stands in direct relation to the assignment or task that you offer us. We do not use this data for (addressed) marketing purposes. If you share information with us and we use this information to – not based on a request – contact you at a later time, we will first ask for explicit consent. Your data is not shared with third parties, with any other purpose than to fulfil accountancy and administrative obligations. These third parties are all obligated to a duty of confidentiality based on the agreement we have with them, an oath or legal obligation. Automatically collected data Information automatically gathered by our website is processed with the sole purpose of providing you with and/or to further improve our services. This information (for instance your IP address (anonymised), web browser and operating system) is not personal information.

Cooperation in tax and criminal investigation
In some cases, we may be obligated by government to a lawful duty of sharing your information with the purpose of assisting in a fiscal or criminal investigation. In such cases we are forced to comply and assist, but will, based on lawful possibilities, offer objection.

Retention periods
We store your data for as long as you are a client with us. This means that we maintain and keep your client profile until you make it known to us that you no longer desire to use our services. Such a message also functions as a request to be forgotten. We are required to keep invoices with your (personal) information due to relevant administrative obligations, this information is safely stored for as long as the relevant term for these obligations has not yet passed. Personnel no longer has access to your client profile and any documents made because of your assignment or task.

Your rights
Based on valid Dutch and European law you, as a concerning party, have certain rights when it comes to personal data that is processed by or on behalf of us. Below you may find an explanation of these rights and how you, as a concerning party, can invoke these rights. In principle to prevent abuse we only  end invoices and copies of your data to e-mail addresses that you have made known to us. Should you wish to receive this data on another e-mail address or for instance per mail we will ask you to identify yourself accordingly. We maintain an administration of concluded requests, in case of a request to be forgotten we will maintain an administration of anonymised data. You receive all invoices and copies of data in files that are structured in a machine-readable format Based on data classifications that we use within our system. At all times you maintain the right to lodge a complaint with Autoriteit Persoonsgegevens if you suspect that we mistreat or misuse your personal data.

Right of inspection
At all times you maintain the right to view the data we process that has a relation or may be reducible to your person. You may request such a viewing to our contact in charge of privacy matters. You will receive a response to your request within 30 days. If your request is approved we will send you, via the mail address known to us, a copy of all data with an added overview of processors managing this data while also mentioning the categories under which we store this data.

Right to rectification
At all times you maintain the right to have the data we process that has a relation or may be reducible to your person be adjusted. You may request such an adjustment to our contact in charge of privacy matters. You will receive a response to your request within 30 days. If your request is approved we will send you, via the e-mail address known to us, a confirmation that the data has been adjusted.

Right to restriction of processing
At all times you maintain the right to limit the data we process that has a rel ation or may be reducible to your person. You may request such limiting to our contact in charge of privacy matters. You will receive a response to your request within 30 days. If your request is approved we will send you, via the e-mail address known to us, a confirmation that the processing of your data is limited until you chose to cancel said limitation.

Right of transferability
At all times you maintain the right to request for the data we process that has a relation or may be reducible to your person be processed by a third party of choice. You may send in such a request to our contact in charge of privacy matters. You will receive a response to your request within 30 days. If your request is approved we will send you, via the e-mail address known to us, your (personal) invoices or copies of data that we, or third parties on behalf of us, have processed. It is highly likely that in such a case we can no longer offer our services to you for we can no longer guarantee the previous data safety.
Right of objection and other rights
At all times you maintain the right to object to the processing done by us, or on behalf of us by third parties, of your personal data. In case of such an objection we will immediately cease all processing of your data while your objection is being investigated and handled. In case of a justified objection we will return all invoices and/or copies of personal data that we, or third parties on behalf of us, have processed up until that point and cease processing thereafter. You also maintain the right to not be subject of automated decision-making processes or profiling. We process your data in such a way that this right does not apply. Should you believe that this right does apply then we ask you to reach out to our contact in charge of privacy matters.

Privacy policy changes
At all times we maintain the right to alter our privacy policy. This page however always displays the most recent version of our privacy policy. Should a new privacy policy have consequences for the ways in which we process recently gathered data in regard to your person, then we will notify you of this via this page.

Company details
Mercy Publishers / Art classes by Benjamin
Zwaluwstraat 3
7102AT Winterswijk
The Netherlands
mail [at] artbybenjamin.com
Contactpersoon voor privacyzaken
Benjamin Aeilkema