TERMS & CONDITIONS

DESIGNS OF DESIRE

1. Scope of Application

These Terms & Conditions apply to all services provided by DESIGNS OF DESIRE, operated by Désirée Schwarz as a sole proprietorship (eenmanszaak).

They apply to all current and future business relationships unless otherwise agreed in writing.

2. Services

DESIGNS OF DESIRE provides creative and design services, including but not limited to:

  • footwear design

  • outsole and upper development

  • concept development

  • collection building

  • creative direction and consulting

The exact scope, deliverables and timelines are defined individually in written agreements or proposals.

3. Conclusion of Contract

A contract is concluded when a written offer is accepted by the client via email or other written confirmation.

All website inquiries are non-binding.

4. Fees and Payment

Fees are agreed individually.

Unless otherwise agreed:

  • invoices are payable within 14 days of the invoice date

  • payments are due without deduction

DESIGNS OF DESIRE reserves the right to require:

  • advance payments

  • milestone payments

In the event of late payment, statutory interest and recovery costs may be charged.

5. Intellectual Property and Usage Rights

All concepts, sketches, designs, technical drawings and creative work remain the exclusive intellectual property of DESIGNS OF DESIRE until full payment has been received.

Any use, reproduction, development or sharing of the work before full payment is strictly prohibited.

Upon full payment, the client receives the usage rights as explicitly agreed in writing.

Unless otherwise agreed:

  • no exclusive rights are granted

  • rights are non-transferable

  • rights are limited to the agreed purpose

DESIGNS OF DESIRE retains the right to use the work for portfolio, marketing and self-promotional purposes.

6. Design Protection & Third-Party Manufacturing

If the client shares designs, concepts or technical files with third parties (e.g. factories, suppliers or manufacturers), the client is solely responsible for ensuring:

  • adequate confidentiality agreements (NDAs)

  • protection against unauthorized reproduction

DESIGNS OF DESIRE assumes no liability for:

  • unauthorized copying

  • production without authorization

  • third-party misuse of designs

7. Development, Samples & Production

DESIGNS OF DESIRE provides design concepts and technical input.

Unless explicitly agreed otherwise:

  • DESIGNS OF DESIRE is not responsible for production outcomes

  • not responsible for fitting, wear performance or mass production issues

  • not responsible for factory execution errors

All production, sampling and manufacturing risks remain with the client.

8. Client Obligations

The client must provide all required materials, feedback and approvals in a timely manner.

Delays or missing input may affect timelines and deliverables.

DESIGNS OF DESIRE is not responsible for delays caused by the client.

9. Project Changes & Additional Work

Any changes to the agreed scope after project start may result in:

  • additional costs

  • adjusted timelines

Additional work will be invoiced separately.

10. Project Cancellation

In the event of project cancellation by the client:

  • all work performed up to that point will be invoiced

  • any agreed milestones remain payable

Advance payments are non-refundable unless otherwise agreed.

11. Confidentiality

Both parties agree to treat all confidential information as strictly confidential.

This includes:

  • designs

  • concepts

  • business information

  • pricing

Disclosure is only permitted if required by law.

12. Liability

DESIGNS OF DESIRE is liable only for damages caused by intentional misconduct or gross negligence.

This limitation does not apply to liability for injury to life, body or health.

Liability for indirect damages, loss of profit or consequential damages is excluded to the extent permitted by law.

13. Third-Party Rights

The client is responsible for ensuring that all materials provided do not infringe third-party rights.

DESIGNS OF DESIRE assumes no liability for such infringements.

14. Governing Law and Jurisdiction

These Terms & Conditions are governed by the laws of the Netherlands.

The place of jurisdiction shall be the Netherlands, insofar as legally permissible, particularly for business customers.

15. Final Provisions

If any provision is invalid, the remaining provisions remain unaffected.

Amendments must be made in writing.