Terms and Conditions
1. Introduction
These Terms and Conditions ("Terms") govern your use of Wilenius Media's website located at www.distantdesign.com and the purchase of digital products and services offered therein. By accessing this website or purchasing any products or services, you agree to be bound by these Terms.
Company Information:
Company Name: Wilenius Media
Registration Number: 3003350-8
Address: Eteläranta 21, 70820 Kuopio
Contact: contact@distantdesign.com
Jurisdiction: Republic of Finland
2. Definitions
"Digital Products" refers to downloadable files including but not limited to graphic designs, templates, and related digital assets
"Services" refers to custom design work, consultations, and other professional services
"Customer" refers to any individual or entity purchasing Digital Products or Services
"Intellectual Property" refers to all copyrights, trademarks, and related rights
3. Digital Product Licenses
3.1 License Grant
Upon payment, Customer receives a non-exclusive, non-transferable license to use Digital Products according to the specific license terms associated with each product.
3.2 Permitted Uses
Unless otherwise specified:
Personal use is permitted
Commercial use requires explicit commercial license upgrade
Redistribution, resale, or sharing of raw files is prohibited
Modification for derivative works is permitted for licensed purposes only
3.3 Restrictions
Customers may NOT:
Resell, sublicense, or distribute Digital Products as standalone items
Use Digital Products in trademark or logo designs for third parties
Reverse engineer or extract source components
Share login credentials or download links with unauthorized parties
4. Custom Services
4.1 Scope of Work
Custom projects are governed by separate project agreements or statements of work. These Terms apply unless superseded by such agreements.
4.2 Revisions
Initial concept phase: two (2) rounds of revisions included
Additional revisions billed at 30€ per revision
Major scope changes may incur additional fees
4.3 Deliverables
Final deliverables are provided upon full payment. Source files may be available at additional cost depending on license tier.
5. Payment Terms
5.1 Pricing
All prices are in EUR and include applicable Finnish VAT unless Customer provides valid EU VAT number for B2B transactions.
5.2 Payment Methods
Accepted payment methods: [Credit Card, PayPal, Bank Transfer, etc.]
5.3 Refund Policy
Digital Products: No refunds once downloaded, except where defective or materially misdescribed
Services: Refunds proportional to work completed if project is terminated by either party
EU Consumer Rights: 14-day right of withdrawal applies to services not yet commenced, with Customer waiving immediate performance rights where applicable
6. Intellectual Property Rights
6.1 Ownership
Wilenius Media retains all intellectual property rights in Digital Products and pre-existing materials. Customer receives only the license rights explicitly granted herein.
6.2 Customer Materials
For custom services, Customer retains ownership of materials provided to Wilenius Media, but grants Wilenius Media license to use such materials for project completion.
6.3 Portfolio Rights
Wilenius Media reserves the right to display completed work in portfolio and marketing materials unless Customer requests otherwise in writing for custom projects.
7. Warranties and Disclaimers
7.1 Limited Warranty
Digital Products are warranted to function as described for a period of 30 days from purchase.
7.2 Disclaimer
EXCEPT AS EXPRESSLY STATED, ALL PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
7.3 Third-Party Content
Some Digital Products may incorporate third-party elements subject to their own licenses. Customer is responsible for compliance with such third-party terms.
8. Limitation of Liability
8.1 Liability Cap
Wilenius Media's total liability arising from these Terms shall not exceed the amount paid by Customer for the specific product or service giving rise to the claim.
8.2 Excluded Damages
IN NO EVENT SHALL WILENIUS MEDIA BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION.
8.3 Finnish Law Compliance
These limitations are drafted to comply with Finnish contract law and EU consumer protection directives. Where mandatory law prohibits limitation, such provisions shall apply to the maximum extent permitted.
9. Consumer Protection (EU/Finland Specific)
9.1 Right of Withdrawal
EU consumers have a 14-day right of withdrawal from the date of contract conclusion. For digital content, this right is forfeited if:
Performance has begun with Consumer's express consent
Consumer acknowledges loss of withdrawal right upon immediate download
9.2 Mandatory Information
Pursuant to EU Consumer Rights Directive 2011/83/EU, Customers receive pre-contractual information including:
Main characteristics of products/services
Total price including taxes
Payment and delivery arrangements
Complaint handling policy
9.3 Alternative Dispute Resolution
Consumer disputes may be submitted to:
Finnish Consumer Disputes Board (Kuluttajaneuvonta)
European Online Dispute Resolution Platform: https://ec.europa.eu/odr
10. Data Protection
10.1 GDPR Compliance
Wilenius Media processes personal data in accordance with EU GDPR and Finnish Data Protection Act. See separate Privacy Policy for details.
10.2 Data Retention
Transaction records retained for 6 years per Finnish Accounting Act requirements.
11. Termination
11.1 Breach
Wilenius Media may terminate access to Digital Products or Services upon material breach by Customer.
11.2 Effect of Termination
Upon termination, Customer must cease all use of licensed materials and delete downloaded files.
12. General Provisions
12.1 Governing Law
These Terms are governed by the laws of the Republic of Finland.
12.2 Jurisdiction
Courts of Kuopio, Finland shall have exclusive jurisdiction, except for consumer disputes where local consumer court rules apply.
12.3 Severability
If any provision is held invalid, remaining provisions continue in full force.
12.4 Amendments
Wilenius Media may update these Terms with notice posted on the website. Continued use constitutes acceptance.
12.5 Entire Agreement
These Terms constitute the entire agreement between parties regarding the subject matter herein.