Terms of service
ARTICLE 1 – ACCESS AND ACCOUNT
1.1 By using the StoryForge webshop, operated under the general partnership Sparkedly VOF, you declare that you are at least 18 years old or otherwise legally competent to enter into legally binding agreements under Dutch law.
1.2 If you create an account, we may request personal data from you, including your name, email address, billing address, shipping address and payment details. You declare that the information provided by you is accurate, complete and up to date.
1.3 You are solely responsible for maintaining the confidentiality of your login credentials and for all activities conducted through your account. You may not transfer your account to third parties.
1.4 We reserve the right to refuse, suspend or terminate an account if misuse or violation of these terms occurs.
ARTICLE 2 – OUR PRODUCTS
2.1 We strive to describe and present our products in the webshop as accurately as possible. However, colors and details may differ from the way they are displayed on your screen, including due to the settings of the device used and the nature of the production process.
2.2 Unless explicitly stated otherwise, our products are produced to order (print-on-demand). As a result, minor variations in color, finish or detail may occur. Such minor deviations shall not qualify as a defect provided that the product conforms to the agreement and the reasonable expectations you may have thereof.
2.3 To the extent permitted by law, we provide no additional warranties other than the statutory rights to which consumers are entitled. This does not affect your right to receive a product that conforms to the agreement as referred to in Article 7:17 of the Dutch Civil Code (conformity).
2.4 Product descriptions and availability may be changed. If an ordered product is no longer available, we will inform you as soon as possible and refund any amounts already paid.
2.5 We reserve the right to limit or refuse the sale of products if there is a justified reason to do so, for example in case of suspected misuse or unlawful use.
ARTICLE 3 – ORDERS AND RIGHT OF WITHDRAWAL
3.1 When you place an order via the webshop, you submit an offer to enter into an agreement. The agreement is concluded at the moment we confirm the order by email.
3.2 We reserve the right to refuse an order if there is a justified reason to do so, such as manifest errors in price or product information, suspected misuse, or if a product is unavailable. In such case, any amount already paid will be refunded without delay.
3.3 As a rule, our products are produced after the order has been placed (print-on-demand). This means that production commences after the agreement has been concluded.
3.4 Consumers have the right to withdraw from the agreement without stating reasons within 14 days after receipt of the product (right of withdrawal).
3.5 In order to exercise the right of withdrawal, you must send an unequivocal statement within 14 days after receipt of the product to:
📧 info@storyforge.nl
Please include:
- your name
- order number
- the products you wish to return
3.6 After notifying us of your withdrawal, you have an additional 14 days to return the product to us.
3.7 The costs of return shipment shall be borne by the consumer, unless otherwise agreed.
3.8 We will refund the full purchase amount, including the standard delivery costs, within 14 days after receipt of the withdrawal notice. We may withhold the refund until we have received the goods or until you have demonstrated that you have returned them, whichever occurs first.
3.9 Refunds will be made using the same means of payment as used for the original transaction, unless expressly agreed otherwise.
3.10 The right of withdrawal does not apply to products manufactured according to the consumer’s specifications or clearly intended for a specific person, in accordance with Article 6:230p sub f of the Dutch Civil Code.
3.11 You are liable for any diminished value of the product resulting from handling that goes beyond what is necessary to establish the nature, characteristics and functioning of the product.
3.12 Minor variations in color, surface or finish inherent to the 3D printing process shall not constitute a defect or damage.
3.13 We do not offer direct exchanges. If you wish to receive a different product, you may – where eligible – return the original product and place a new order.
ARTICLE 4 – PRICES AND PAYMENT
4.1 All prices stated in the webshop are inclusive of VAT and exclusive of shipping costs, unless expressly stated otherwise. Shipping costs are clearly displayed before the order is completed.
4.2 The price applicable at the time of ordering is the price applicable to the agreement. Manifest errors or mistakes in price indications, such as obvious typographical or system errors, are not binding upon us.
4.3 Any discounts, promotions or campaigns are temporary in nature and apply subject to the stated conditions. In the event of conflict between promotional conditions and these general terms and conditions, the promotional conditions shall prevail.
4.4 Payment must be made in full in advance via the payment methods offered in the webshop. The agreement is concluded in accordance with Article 3 after the order has been confirmed.
4.5 For deliveries outside the Netherlands, additional taxes, import duties or customs clearance costs may be payable. These costs shall be borne by the consumer, unless expressly stated otherwise.
4.6 If payment is refused, reversed or otherwise not received in full, we reserve the right to terminate the agreement or suspend further performance.
4.7 Ownership of delivered products shall pass to the consumer only after full payment of the amount due has been received.
4.8 Any refunds shall be made in accordance with Article 3 of these terms.
ARTICLE 5 – SHIPPING AND DELIVERY
5.1 Orders are processed within 2 to 4 business days after receipt of payment, unless stated otherwise.
5.2 The estimated shipping times are:
Netherlands: 1–2 business days
Belgium and Germany: 2–4 business days
France, Italy and Spain: 4–6 business days
No rights may be derived from these timeframes.
5.3 Delivery takes place via carriers selected by us, including PostNL or comparable logistics partners. We reserve the right to engage another carrier if necessary.
5.4 The risk of loss or damage to the product passes to the consumer at the moment the product has been physically delivered into the possession of the consumer or of a third party designated by the consumer, other than the carrier.
5.5 If delivery is delayed, we will inform you as soon as possible. If delivery proves to be permanently impossible, the agreement shall be dissolved and any amount already paid shall be refunded without delay.
5.6 For deliveries outside the European Union, additional import duties, taxes or customs clearance costs may be payable. These costs shall be borne by the consumer.
ARTICLE 6 – INTELLECTUAL PROPERTY
6.1 All intellectual property rights relating to the webshop, including but not limited to texts, images, designs, models, logos, product photographs, graphic design and other content, are vested in StoryForge (Sparkedly VOF) or its licensors.
6.2 Without prior written consent of StoryForge, it is not permitted to copy, reproduce, distribute, publicly disclose, modify or otherwise use content from the webshop for commercial purposes.
6.3 Use of the webshop does not result in the transfer or grant of any intellectual property rights, unless expressly agreed otherwise.
6.4 If products or designs are based on models of third parties for which StoryForge has obtained a commercial license, the intellectual property rights remain with the original rights holder.
6.5 The trade name StoryForge, the associated logo and other brand expressions are the property of StoryForge and may not be used without permission.
6.6 To the extent permitted by law, we reserve all rights not expressly granted in these terms.
ARTICLE 7 – USE OF THIRD-PARTY SERVICES
7.1 Our webshop may contain functionalities or services provided by third parties, such as payment providers, shipping partners, review services or other external applications.
7.2 The use of such services may be subject to additional terms and conditions of the relevant third party. We advise you to read those terms carefully.
7.3 To the extent permitted by law, we are not liable for damage that is solely the result of acts or omissions of such external service providers.
7.4 The use of third-party services is at the user’s own responsibility, to the extent permitted by law.
7.5 New functionalities or expansions of the webshop may likewise fall under these general terms and conditions.
ARTICLE 8 – LINKS TO EXTERNAL WEBSITES
8.1 Our webshop may contain links to websites or services of third parties. These links are provided solely for information or convenience.
8.2 We have no control over the content or functioning of external websites and are not responsible for the content, privacy policy or commercial practices of such third parties.
8.3 If you visit an external website via a link or enter into an agreement with a third party, you do so at your own responsibility. Such agreements are governed exclusively by the terms and conditions of the relevant third party.
8.4 To the extent permitted by law, we are not liable for damage that arises solely from the use of external websites or services of third parties.
ARTICLE 9 – RELATIONSHIP WITH SHOPIFY
9.1 StoryForge uses the Shopify e-commerce platform to facilitate the webshop. Shopify acts solely as a technical service provider.
9.2 All agreements relating to purchases via the webshop are concluded between the consumer and StoryForge (Sparkedly VOF). Shopify is not a party to these agreements.
9.3 Shopify is not responsible for the content of the webshop, the products offered, or the performance of agreements between StoryForge and the consumer.
9.4 To the extent permitted by law, the consumer indemnifies Shopify against claims from third parties arising from transactions between the consumer and StoryForge.
ARTICLE 10 – PRIVACY AND DATA PROTECTION
10.1 StoryForge (Sparkedly VOF) processes personal data in accordance with applicable privacy legislation, including the General Data Protection Regulation (GDPR).
10.2 Our Privacy Policy, available via the webshop, explains which personal data we process, for which purposes, on which legal basis, how long we retain the data, and which rights you have as a data subject.
10.3 For the technical operation of the webshop, we use Shopify as a processor of personal data. Shopify processes data exclusively on behalf of StoryForge and on the basis of a data processing agreement.
10.4 In the context of hosting, payment processing and other supporting services, personal data may be processed outside the European Economic Area. In such case, we ensure that appropriate safeguards are implemented in accordance with the GDPR.
10.5 By using the webshop, you declare that you have taken note of the Privacy Policy.
ARTICLE 11 – FEEDBACK AND USER CONTENT
11.1 If you provide StoryForge with reviews, photos, suggestions, ideas or other content (hereinafter: “Feedback”) via the webshop, email or social media in connection with our products or services, you grant us a non-exclusive, worldwide and royalty-free license to use, reproduce and publicly disclose such Feedback for promotional and commercial purposes.
11.2 This license is granted solely to the extent necessary for the use and promotion of our products and services.
11.3 You declare that:
- you are entitled to provide the Feedback;
- the Feedback does not infringe any rights of third parties;
- the Feedback does not contain unlawful or misleading content.
11.4 We reserve the right to remove Feedback if it violates the law, these general terms and conditions, or public decency.
11.5 We are not obliged to treat Feedback confidentially or to pay compensation for it, unless expressly agreed otherwise.
ARTICLE 12 – ERRORS AND INACCURACIES
12.1 Despite our due care, it may occur that the webshop contains inaccuracies, such as typographical errors, incorrect price indications or incomplete product information.
12.2 Manifest errors or mistakes in the webshop, including obvious pricing errors, are not binding upon StoryForge.
12.3 If a manifest error relates to an order already placed, we will inform the consumer as soon as possible. In such case, the consumer has the right to cancel the order free of charge. If the consumer does not agree with the corrected information, the agreement shall be dissolved and any amount already paid shall be refunded without delay.
12.4 We reserve the right to correct or modify product information, prices or availability, provided that this does not affect agreements that have already been validly concluded, unless a manifest error is involved.
ARTICLE 13 – PROHIBITED USE
13.1 It is not permitted to use the webshop for unlawful purposes or in a manner contrary to applicable laws and regulations.
13.2 In particular, it is not permitted to:
a. infringe the intellectual property rights of StoryForge or third parties;
b. provide incorrect, misleading or fraudulent information;
c. use the webshop for the distribution of spam, malware or other harmful software;
d. circumvent security measures of the webshop;
e. use automated systems to collect data from the webshop (scraping), unless explicit permission has been granted;
f. impersonate another person or entity.
13.3 If we determine that misuse or violation of these terms has occurred, we reserve the right to limit, suspend or terminate access to the webshop or any account.
ARTICLE 14 – TERMINATION
14.1 We may terminate or suspend access to the webshop or any account if misuse, violation of these general terms and conditions, or other justified reasons occur.
14.2 Termination of access to the webshop does not affect agreements that have already been validly concluded.
14.3 If an agreement is dissolved on the basis of statutory provisions or these general terms and conditions, obligations that by their nature are intended to survive shall remain in force, including provisions regarding intellectual property, liability and privacy.
14.4 The consumer remains obliged to pay amounts already due up to the moment of termination or dissolution.
ARTICLE 15 – WARRANTIES
15.1 We guarantee that the delivered products conform to the agreement, the specifications stated in the webshop, and the reasonable expectations that the consumer may have under the law.
15.2 To the extent permitted by law, we provide no additional warranties other than the statutory rights to which consumers are entitled.
15.3 Minor deviations in color, texture or finish inherent to the 3D printing process do not constitute a defect, provided that the product conforms to the agreement.
15.4 Any additional manufacturer’s warranties or commercial guarantees are provided only if expressly stated with the product.
ARTICLE 16 – LIABILITY
16.1 StoryForge shall only be liable for damage if such damage is the direct result of an attributable failure in the performance of the agreement.
16.2 The liability of StoryForge is limited to the amount paid for the relevant product, unless the damage is the result of intent or gross negligence on the part of StoryForge.
16.3 The limitations contained in this article do not apply to damage resulting from death or personal injury.
16.4 StoryForge shall not be liable for indirect damage, including but not limited to consequential damage, loss of profit or loss of savings, to the extent permitted by law.
16.5 Nothing in these general terms and conditions limits or excludes rights to which the consumer is entitled under mandatory law.
ARTICLE 17 – INDEMNIFICATION
17.1 The consumer indemnifies StoryForge against claims from third parties that result from unlawful conduct attributable to the consumer, including but not limited to infringement of intellectual property rights of third parties.
17.2 This indemnification applies only insofar as the damage can be attributed to the consumer.
ARTICLE 18 – SEVERABILITY
18.1 If any provision of these general terms and conditions is wholly or partially void, voidable or otherwise unenforceable, the remaining provisions shall remain fully in force and effect.
18.2 In such case, the parties shall replace the relevant provision with a valid provision that corresponds as closely as possible to the purpose and intent of the original provision.
ARTICLE 19 – WAIVER AND ENTIRE AGREEMENT
19.1 The failure or delay by StoryForge to exercise any right or authority shall not constitute a waiver of that right or authority.
19.2 These general terms and conditions, together with the Privacy Policy and any additional conditions expressly declared applicable, constitute the entire agreement between the consumer and StoryForge with respect to the use of the webshop and the purchase of products.
19.3 Any deviations from these general terms and conditions are valid only if expressly agreed in writing.
ARTICLE 20 – ASSIGNMENT
20.1 The consumer may not assign his or her rights and obligations under the agreement to third parties without the prior written consent of StoryForge.
20.2 StoryForge is entitled to assign its rights and obligations under the agreement to a third party, for example in the context of business succession or restructuring, provided that the rights of the consumer are not adversely affected.
ARTICLE 21 – GOVERNING LAW AND DISPUTES
21.1 All agreements between StoryForge (Sparkedly VOF) and the consumer are exclusively governed by Dutch law.
21.2 Disputes arising from or relating to the agreement shall be submitted to the competent court in the Netherlands.
21.3 If the consumer resides in another Member State of the European Union, this does not affect the mandatory consumer protection provisions of the country of residence.
ARTICLE 22 – HEADINGS
22.1 The headings in these general terms and conditions are included solely for convenience and have no independent meaning in the interpretation of the provisions.
ARTICLE 23 – AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS
23.1 StoryForge reserves the right to amend or supplement these general terms and conditions.
23.2 Amendments shall apply exclusively to new agreements concluded after the date of amendment.
23.3 Agreements already concluded remain subject to the version of the general terms and conditions that was in force at the time the agreement was concluded, unless the amendment is not detrimental to the consumer.
23.4 The most current version of the general terms and conditions is always available via the webshop.
ARTICLE 24 – CONTACT DETAILS
24.1 StoryForge is a trade name of Sparkedly VOF, established at Renaissancelaan 58, 2408 DX Alphen aan den Rijn, The Netherlands.
24.2 You may contact us via:
Email: info@storyforge.nl
24.3 Chamber of Commerce number: [to be inserted]
VAT identification number: [to be inserted]