General Terms of Service

These Terms of Services are applicable on all ventures of Sketchy Fables and related initiatives.

Sketchy Fables & SketchyPedia are conjoined in these Terms of Service and addressed as Sketchy Fables


You can contact Sketchy Fables & SketchyPedia in the following way:

E-mail: info@sketchypedia.com


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.


Sketchy Fabkes 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 Sketchy Fables or Sketchy Pedia can be used for any purpose unless written consent has been given by Sketchy Fables or SketchyPedia.


The basics in these Terms of Service for Sketchy Fables and SketchyPedia urge anyone not do the following things: disrupt, change, alter, reverse engineer, bypass, destroy or cripple any content of our websites or the Sketchy Fables video game. Everything is copyrighted and intellectual material of Sketchy Fables and should be treated as such.


1. Terms of Service – Sketchy Fables / SketchyPedia

1.1 The Terms of Service are applicable on all materials, images, videos, offers, quotations, invoices, orders, services and agreements. The Terms of Service are also applicable on the shape of the relation a customer and Sketchy Fables develop with each other. This goes from visiting one of the Sketchy Fables websites, to using a particular service offered by Sketchy Fables.

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 Sketchy Fables. 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 Sketchy Fables. 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 Sketchy Fables. and client/customer. Unless otherwise agreed and with written consent given by Sketchy Fables.

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

Client/customer : this is you whenever you buy a product via Sketchy Fables or provide Sketchy Fables with a client specific order.

1.5 Attempt to reverse engineer any aspect of the Sketchy Fables or Sketchy Pedia or do anything that might discover source code or bypass our systems to modify or disrupt game or website content.

1.6 Post, upload to, transmit, distribute, store, create or otherwise publish or send through the Services viruses, corrupted data or other harmful, disruptive or destructive files;

1.7 Develop any third-party applications that interact with User Content or the Services without our prior written consent.


2. virtual handshake

2.1 When you as a client/customer makes an agreement via purchase or project with Sketchy Fables, the rule of law is applied as stated in the law statures of The Netherlands.  

2.2 All material on Sketchy Fables.com is copyright protected and intellectual property. If you would like to use certain material you need written approval from Sketchy Fables.


3. Agreements and contracts

3.1 When the client chooses to apply for a quotation or to seek contact with Sketchy Fables via other ways with the purpose to place an order at Sketchy Fables, both verbal and written communication are summarized by Sketchy Fables. The client will receive an email from Sketchy Fables or one of its ventures that describes the clients request and the terms and agreement proposition by Sketchy Fables of the specific request placed by the client. The client will be asked to verify the statements and proposition made by Sketchy Fables or its ventures.

3.2 Sketchy Fables 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 Sketchy Fables 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, Sketchy Fables 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 Sketchy Fables 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 Sketchy Fables causing Sketchy Fables not being able to comply and carry out your request. Sketchy Fables 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 Sketchy Fables. Sketchy Fables 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 Sketchy Fables is performing for the client. The worked hours will reasonably be charged. The client will then receive the (unfinished) work done by Sketchy Fables so the client can take it to another party.

3.7 Ventures, companies and organizations are asked to contact Sketchy Fables via the business contact form as communication will be done via that particular channel. From here it is possible that Sketchy Fables 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.    

3.9 You agree that your use of the Services, including the posting of User Content, will not violate any law, contract, intellectual property or other third-party right or constitute a criminal action or tort, and that you are solely responsible for your conduct while on the Services.


4. Offers and request

4.1 The client can request a quotation via the Sketchy Fables website. After the client has filed for a quotation, Sketchy Fables 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 Sketchy Fables. 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 an order when the client gives a written “ok to go” to Sketchy Fables 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? Sketchy Fables can adjust the offer in accordance with paragraph 3.1 and 3.2, in consultation with the client. The hourly rate of Sketchy Fables 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. Sketchy Fables 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 Sketchy Fables uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind Sketchy Fables.

Note: When you view content on Sketchy Fables 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. Sketchy Fables 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. Prices

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. Sketchy Fables 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 Sketchy Fables 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. Sketchy Fables does not accept liability for the consequences of printing and typesetting errors. Sketchy Fables is not obliged to deliver the product according to the incorrect price. 


7. Payments

7.1 You have paid but are not satisfied with the work. Please contact Sketchy Fables and we will look at the specifics and further help out to the limits of reason.

7.2 Sketchy Fables uses its own means of offering services and products. Payments will be determined individually.

7.3 When the assignment is completed, Sketchy Fables 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.

7.4 Payment terms of Sketchy Fables are set at 14 work days.

7.5 Sketchy Fables expects the client to have the money to pay for the assignment. Otherwise, it is strongly recommended not to place an order at Sketchy Fables. We steer towards a cooperative and honest working relationship. 

7.6 If you, as the client, are not able to pay the bill within the first payment term, Sketchy Fables 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, Sketchy Fables will seek to contact you to discuss the invoice and to explore further options into completing said owned transaction.

7.7 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. Sketchy Fables 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.

7.8 If there are malicious intentions or deliberate non-payment where you also refuse, in collaboration with Sketchy Fables to find a solution. Then Sketchy Fables is forced to activate a collection agency, reluctantly. Sketchy Fables strives to remain in collaboration, but if this does not work, we see ourselves forced to take action.

7.9 In case of paragraph 7.8 and paragraph 7.9 Sketchy Fables can decide not to engage into further cooperation with the client / customer in the future.   


8. Conformity and Warranty

8.1 Sketchy Fables 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. Sketchy Fables 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 Sketchy Fables.

8.3 Any defects or incorrectly delivered products must be delivered to Sketchy Fables 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 Sketchy Fables corresponds to the factory warranty period. However, Sketchy Fables 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:

the customer has repaired and / or modified the delivered products himself or had it repaired and/or modified by third parties;

the delivered products have been exposed to abnormal circumstances or have otherwise been handled carelessly or are contrary to the instructions of the entrepreneur and / or that are handled on the packaging;

the defect is wholly or partly the result of regulations that the government has made or will make regarding the nature or quality of the materials used.


9. Delivery and time-span

9.1 Sketchy Fables 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 Sketchy Fables cannot deliver on time. Sketchy Fables will, in its own judgment, inform the client of this as soon as possible, after which Sketchy Fables and the client try to reach a new delivery date together.

9.3 When sending designs and/or products Sketchy Fables 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 Sketchy Fables.

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 Sketchy Fables .

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 Sketchy Fables, in accordance with Sketchy Fables provided instructions.

10.3 If the customer wishes to make use of its right of withdrawal, it is obliged to notify Sketchy Fables 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 Sketchy Fables. 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 Sketchy Fables, 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 Sketchy Fables regarding sending the product back to Sketchy Fables.

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, Sketchy Fables 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 Sketchy Fables. 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, Sketchy Fables 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 Sketchy Fables 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 Sketchy Fables can exclude the customers right of withdrawal for products. The exclusion of the right of withdrawal only applies if Sketchy Fables 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 Sketchy Fables 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 Sketchy Fables has no influence;

* the delivery of which commenced with the express consent of the customer after the reflection period has expired;


11. Property and copyright

11.1 That which Sketchy Fables 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 Sketchy Fables. 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 Sketchy Fables 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 Sketchy Fables and Sketchy Pedia 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 Sketchy Fables websites. Sketchy Fables has made arrangements/agreements with these specific artists, designers and authors about publishing their works on the Sketchy Fables websites. The copyright and intellectual property laws are taken very seriously by Sketchy Fables. Abide these laws with us.

11.5 Uploading material to Sketchy Fables should only be done when you own the copyright to the material you would like to upload. Sketchy Fables does not perform a copyright-check. This responsibility lies with the uploader. Sketchy Fables 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. Sketchy Fables is not liable for the work it engages in. Sketchy Fables 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. Sketchy Fables assumes no liability in this.

12.3 In the event that Sketchy Fables 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 Sketchy Fables takes no accountability in damages caused to software or hardware when using this website or any other website associated with Sketchy Fables.


13. Complaints & procedure

13.1 Complaints about the implementation of the agreement must be submitted fully and clearly described to Sketchy Fables within 7 days, after the customer has discovered the defects.

13.2 The complaints submitted to Sketchy Fables will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Sketchy Fables 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 Sketchy Fables 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 Sketchy Fables, unless Sketchy Fables indicates otherwise in writing or is externally imposed to do so.

13.6 If a complaint is found to be well-founded by Sketchy Fables, Sketchy Fables will  replace or repair the products free of charge.


14. Disputes

14.1 On agreements between Sketchy Fables 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 Sketchy Fables is established.

 

- Updated 17/06/2022, by Sketchy Fables -