Terms & Conditions

ABOUT THE CREATIVE LAB

The Creative Lab, also called “TCL”, is a curated online platform where professional Sellers can offer products directly to Buyers.

TCL runs the Platform, the checkout environment, and the payment flow. TCL is not the seller of the products listed on the Platform. When you place an Order, the Purchase Agreement is concluded directly between you and the Seller of that product.

These Terms apply when you use the Platform and place an Order through it. Separate terms may apply to in-person events, workshops, tickets, or other offline activities organised by TCL.

Before you place an Order, it is useful to know that:

• You buy directly from the Seller shown on the product page.
• TCL runs the Platform, the checkout environment, and the payment flow.
• The Seller is responsible for the product, the product information, delivery, returns, refunds, and your legal rights relating to that product.
• Payments are processed through TCL’s payment setup and payment partner, currently Mollie.

 

1. A FEW WORD EXPLAINED

In these Terms:  

• Buyer means a User who places an Order through the Platform. 
• Order means a purchase made through the Platform. 
• Platform means the online environment of TCL, including the website and any other digital environment used for the Platform.  
• Purchase Agreement means the sales contract concluded directly between the Buyer and the Seller when the Buyer places an Order through the Platform.
• Seller means a professional third-party business offering products through the Platform. 
• Terms means these Platform Terms. 
• TCL means The Creative Lab, the owner and operator of the Platform and the disclosed intermediary in relation to the conclusion of the Purchase Agreement between Buyer and Seller.
• User means anyone visiting or using the Platform.

 

2. WHEN THESE TERMS APPLY

These Terms apply to your use of the Platform and to every Order you place through the Platform. They are made available during the order process and can be consulted on the Platform.

Every Buyer who places an Order through the Platform accepts these Terms. 

Any deviation from these Terms is valid only if agreed in writing. 

These Terms apply to Buyers who qualify as consumers and to Buyers who qualify as business buyers.

TCL and/or Seller may set reasonable limits on the number of products that can be ordered. Unless expressly agreed otherwise, products offered through the Platform are not intended for resale or commercial distribution by the Buyer. 

TCL may update these Terms from time to time. The latest version will always be available on the Platform. If you place a new Order after an update, the updated version will apply to that new Order.

 

3. YOU AS BUYER

To place an Order through the Platform, you must at least meet the following requirements:  

• you are at least 18 years old; and 
• you can be reached by email. 

TCL may, for example in case of a breach of these Terms, incomplete information, an obvious error, or another clear reason, refuse to process an Order, cancel an Order, or make an Order subject to additional conditions.

You declare that you will act in accordance with these Terms and with all applicable laws and regulations.

You are responsible for the accuracy and completeness of the information you provide. 

If you  create an account for the Platform, you are responsible for keeping your login details confidential and for activity on your account. 

You may not use the Platform in an unlawful way, provide false identity details, interfere with the functioning of the Platform, or misuse the Platform or its content.

 

4. PRODUCTS OFFERED BY SELLERS 

Through the Platform, you can place an Order for a product offered by a Seller. 

When you place an Order for a product through the Platform, you accept the Seller’s offer for that product. At that moment, the Purchase Agreement is made directly between you and the Seller. This also means that TCL is not and does not become a party to the Purchase Agreement.

Sellers must ensure that product information is clear, complete, accurate, and not misleading, and that the main characteristics, price, dispatch timing, delivery information, and return information are shown before you place an Order.

The Seller is responsible for the product, the product information, stock, dispatch and delivery, returns, refunds, complaints and after-sales support, and your legal rights in relation to that product. 

For handmade, small-scale production, made-on-request, custom-made, personalised, vintage, or second-hand products, small variations may occur. For example, the exact colour, texture, shape, finish, size, print placement, or other details may differ slightly from the product photos or sample images shown on the Platform. These variations must be reasonable, inherent to the nature of the product, and clearly explained on the product page where relevant. The product must still match the description, any specifications agreed with you, and what you may reasonably expect.

Questions or complaints about the product, delivery, returns, refunds, or statutory rights should in the first instance be addressed to the Seller. Questions or complaints specifically relating to the Platform, the checkout flow, payment display, or TCL’s own conduct may be addressed to TCL.

You acknowledge that TCL acts only as platform operator and intermediary in relation to the Purchase Agreement. To the extent permitted by law, TCL is not liable for the product itself, including defects, non-conformity, or failures in fulfilment for which the Seller is responsible.

If TCL or the Seller becomes aware that a product may be unsafe, defective, recalled, restricted, or unlawful, TCL may remove or suspend the listing, contact affected Buyers where appropriate, and support the handling of the issue.

 

5. ORDERS AND DELIVERY 

After you place an Order, you will receive an order confirmation. The Seller may also send you an invoice, packing slip, or other order information if applicable.

Before you place an Order, the Platform will show you the total price payable, including VAT where applicable and any shipping costs. 

If you buy products from more than one Seller in one checkout, each product is sold by the Seller shown for that product. Products may be dispatched separately and may arrive at different times. Return instructions and return addresses may differ per Seller or product.

After an Order has been placed, TCL and/or the Seller may send you the information needed for delivery, returns, complaint handling, and your statutory rights.

Unless a different timeframe is clearly shown before purchase, ready-made products are normally dispatched within 5 business days after the Order is placed, and made-on-request products are normally dispatched within the production time shown on the product page, plus 5 business days.

Unless clearly stated otherwise, the Seller uses a shipment method that allows the delivery to be tracked.

TCL may use third-party shipping tools, shipping integrations, carriers and logistics partners to support the shipping and returns flow on the Platform. This may include generating shipping labels, showing available shipping options, providing tracking information, supporting return labels and sharing delivery-related updates.

The actual transport is carried out by the relevant carrier, not by TCL. The use of shipping tools, shipping integrations, carriers or logistics partners does not make TCL the seller, the carrier, or the party responsible for the delivery itself.

The Seller is responsible for proper packaging and remains responsible for successful delivery, and for loss of or damage to the product during transit, until delivery can be shown, except where mandatory law provides otherwise.

If the Seller cannot meet the stated dispatch or delivery timeframe, the Seller must inform you and TCL without undue delay.

If the Seller does not fulfil the Order within the stated or legally required timeframe, TCL may support cancellation of the Order or the processing of a refund.

If your Order is not delivered, arrives damaged, or appears to be lost, please contact the Seller. If TCL provides administrative support in relation to shipping or delivery information, this does not make TCL the carrier, the seller, or the party responsible for the delivery itself.

 

6. PRICE AND PAYMENT

You must pay the price shown at checkout for the product you order, including any clearly stated VAT and shipping costs.

Payment for an Order placed through the Platform can only be made through the payment methods offered on the Platform at checkout. A direct payment to a Seller does not count as payment for an Order placed through the Platform. 

TCL uses a marketplace payment setup with a payment service provider, currently Mollie. Through that setup, and solely for payment-processing and payment-administration purposes, TCL may create or support payment transactions and may, to the extent enabled by that setup, receive, route, hold, split, refund, reverse, correct, or settle Buyer payments through Mollie.

This payment role is only part of the technical payment flow. It does not make TCL the seller of the product, it does not make TCL a party to the Purchase Agreement, and it does not change that the Seller remains responsible for the product and for any refund to which you are entitled under the law or the relevant Seller terms.

The processing of a payment or refund may also depend on the payment method you choose and on the rules of the relevant payment provider, bank, card issuer, or Mollie. 

If an Order is cancelled, if the Buyer withdraws from the Purchase Agreement, if a payment is refunded or charged back, or if an Order is otherwise adjusted, TCL may process the relevant payment correction or refund on the Seller’s behalf through the payment setup.

Unless you expressly agree otherwise or the law requires otherwise, refunds will be made using the same means of payment as you used for the original transaction.

If a refund has been processed, the time it takes before the amount appears back in your account or on your statement may depend on that payment method.

Obvious pricing mistakes or typing errors do not bind the Seller or TCL. If a clear mistake has been made, the Order may be cancelled and any amount already paid will be refunded.

 

7. BUYING FROM SELLERS 

A Seller may also use its own terms for sales made through the Platform. If the relevant Seller terms are made available before you place your Order, you must read and accept them before the Purchase Agreement is concluded. Those terms then apply between you and the Seller in addition to these Terms. If no separate Seller terms are made available and accepted before you place your Order, no separate Seller terms apply.

If you buy as a consumer, you usually have the right to withdraw from the Purchase Agreement within 14 days after the day you receive the product. This is called the right of withdrawal. You do not need to give a reason for using your right of withdrawal.

Some legal exceptions apply to the right of withdrawal. For example, the right may not apply to goods made to your specifications, clearly personalised products, sealed hygiene products once unsealed, perishable goods and other legal exceptions that apply under mandatory law.

To use your right of withdrawal, you may notify the Seller within the withdrawal period, for example by using the Seller’s contact details shown on the Platform, the return portal or return channel made available for that Order, or another return method communicated to you. 

Where required by law, the Platform will also provide an electronic withdrawal function that allows you to exercise your right of withdrawal online. A withdrawal notice submitted through that function within the withdrawal period will be treated as received by the Seller in time.

If TCL makes a Platform return channel, customer service channel or other administrative return flow available, you may also use that channel. In that case, TCL may forward your request to the Seller or support the return process on the Seller’s behalf.

Products must be returned to the return address provided for the relevant Seller or relevant product, unless the return instructions clearly state otherwise. Products should not be returned to TCL, unless TCL expressly instructs you to do so. If your Order contains products from more than one Seller, different return addresses may apply.

The Seller must ensure that clear and accurate return instructions, including the correct return address where applicable, are available through the Platform or are otherwise provided to you in time. After withdrawal, you should return the product within 14 days, following the return instructions provided by the Seller or through the Platform.

If the Seller does not respond within a reasonable time, or if support is needed to help protect your statutory rights, TCL may act as an administrative facilitator. This means TCL may help forward messages, provide available return information, support the return flow, or assist with the processing of a refund through the payment setup. This does not make TCL the seller of the product or a party to the Purchase Agreement.

A model withdrawal form may be made available separately on the Platform or with your order confirmation. You do not have to use that form, as long as your statement clearly shows that you want to exercise your right of withdrawal. 

Unless the Seller says otherwise or the law requires otherwise, at most the direct cost of return is for your account in case of a standard withdrawal. If the product is faulty, damaged, unsafe, incomplete, or not as described, the return costs should not be charged to you. 

After a valid withdrawal, the Seller will refund the amount you are entitled to within the legally required period. If the law requires it, this also includes the original standard delivery costs. The Seller may wait to refund until the returned product has been received, or until you provide proof that you sent it back, whichever happens first. TCL may process the refund on the Seller’s behalf through the payment setup.

You are entitled to receive a product that matches the description and works as you can reasonably expect. If a product is faulty, incomplete, damaged without clear notice, unsafe, or otherwise not what you were promised, please contact the Seller as soon as possible. Depending on the situation and the law, you may be entitled to repair, replacement, a price reduction or refund. Your legal rights under consumer law apply in addition to any commercial guarantee offered by a Seller or manufacturer.

 

7. TCL’S IDENTITY AND CONTACT DETAILS  

The Platform is operated by TCL

The Creative Lab
Dutch general partnership (Vennootschap onder firma)
Lijnbaansgracht, 58Z
1015 GS, Amsterdam, the Netherlands
Chamber of Commerce/KVK number: 93512260
info@thecreativelab-ams.com

TCL aims to respond to Platform-related customer service emails within 5 business days.

 

9. INFORMATION AND USE OF YOUR DATA

You should regularly check your email inbox and account so that you can take note in time of messages sent to you by TCL and/or the Seller.

To the extent permitted by law, TCL is not liable for information not arriving in time or not arriving clearly, or for obvious clerical errors, regardless of where that information comes from or to whom it is sent.

You acknowledge and agree that your name, address, email address, telephone number, and Order details may be shared with the relevant Seller to the extent necessary to perform the Purchase Agreement or where you have given permission for that. The Seller may use that information only insofar as necessary for handling and performing the Purchase Agreement, or where you have separately agreed to such use.

TCL may also receive certain payment-related information from its payment service provider for fraud-prevention purposes and may keep that information for as long as necessary for that purpose and for legal compliance.

More information about how your personal data is handled can be found in TCL’s privacy notice.

 

10. INTELLECTUAL PROPERTY

All intellectual property rights in and relating to the Platform, including TCL’s website design, branding, logos, trade names, software, databases, texts, graphics, and other content created by or for TCL, remain vested in TCL or its licensors.

The use of the Platform and the placing of an Order do not transfer any intellectual property rights to you.

Content relating to products, brands, images, descriptions, logos, or other materials provided by a Seller may belong to the relevant Seller or another rights holder. Nothing in these Terms transfers those rights to you.

You may use the Platform and its content only for your own personal and non-commercial use in connection with browsing the Platform and placing Orders.

Without prior written permission from TCL or the relevant rights holder, you may not copy, reproduce, scrape, distribute, publish, commercially exploit, or otherwise use the Platform or its content, except where this is permitted by mandatory law.

 

11. REPORTING AND UNLAWFUL CONTENT 

If you believe that a listing or other content on the Platform is unlawful, you can report this to TCL. TCL may review the report and take appropriate steps.

 

12. OTHER IMPORTANT POINTS

TCL may limit, not grant, withdraw, or block access to the Platform or certain features, or restrict the possibility to place Orders through the Platform, if there is a valid reason to do so, for example in case of abuse, fraud, security concerns, repeated breaches of these Terms, or based on prior order history.

If one part of these Terms turns out to be invalid or unenforceable, the rest of the Terms will continue to apply. 

TCL may change, suspend, or discontinue Platform features relating to Seller offers if needed for legal, operational, technical, or business reasons.

TCL aims to keep the Platform functioning properly, but uninterrupted or error-free availability cannot be guaranteed.

 

13. GOVERNING LAW 

These Terms and TCL’s operation of the Platform are governed by Dutch law.

If you are a consumer living outside the Netherlands, nothing in these Terms deprives you of the mandatory consumer protection rules that apply to you under the law of your country of residence.

Any dispute relating to these Terms or the Platform will be submitted to the court that is competent under mandatory law.

If you are a consumer, you may also bring proceedings before the courts of the country where you live. TCL may bring proceedings against you only before the courts of the country where you live.

This section applies only to these Terms and to TCL’s role as operator of the Platform. It does not change that the Purchase Agreement for a product is made directly between you and the Seller.