Terms & Conditions

nhiyc.com
Last Updated & Effective: March 2026

1. INTRODUCTION

These Terms and Conditions ('Terms') govern your use of nhiyc.com ('Website') operated by Nhiyc & The Cool Cats ('we', 'us', 'our'), a company registered in the Netherlands. By accessing or using our Website, you agree to be bound by these Terms and all applicable laws and regulations.

Our registered business address is: 22H Chasséstraat, 1057JE Amsterdam, Netherlands. We operate under Dutch law and European Union regulations.

2. DEFINITIONS

'Artwork' means all original visual works, including but not limited to paintings, drawings, digital art, prints, and derivative works created by Nhiyc.

'Content' means all text, images, videos, audio, code, and other materials on this Website.

'Services' includes but is not limited to: sale of original artwork, commissioned works, collaborations, consultancy, and membership services.

'User' or 'you' means any person accessing or using our Website.

3. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS

3.1 Ownership

All Content on this Website, including but not limited to artwork, text, graphics, logos, images, videos, audio clips, digital downloads, data compilations, and software, is the exclusive property of Nhiyc & The Cool Cats and is protected by Dutch copyright law, European Union intellectual property regulations, and international copyright treaties.

3.2 Prohibited Uses - AI Training and Data Scraping

YOU EXPRESSLY AGREE THAT ALL CONTENT ON THIS WEBSITE IS STRICTLY PROHIBITED FROM:

a) Use in training artificial intelligence models, machine learning algorithms, or neural networks

b) Data scraping, web scraping, or automated data collection

c) Use in creating derivative AI-generated works

d) Incorporation into datasets for commercial or research purposes

e) Analysis by automated systems for pattern recognition or style replication

f) Any form of computational analysis aimed at replicating artistic style or technique

This prohibition applies to all Content regardless of whether it is watermarked, and extends to any party acting on behalf of AI companies, research institutions, or commercial entities.

3.3 DMCA Safe Harbor Opt-Out

We explicitly opt out of DMCA Safe Harbor provisions regarding AI training. Any use of our Content for AI training purposes constitutes wilful copyright infringement and will be pursued to the fullest extent under Dutch and EU law.

3.4 Limited License for Personal Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to access and view Content on this Website for personal, non-commercial purposes only. This license does not include the right to:

a) Download, copy, reproduce, or distribute Content

b) Create derivative works

c) Use Content for commercial purposes

d) Remove or alter copyright notices

4. PURCHASES AND PAYMENTS

4.1 Pricing and Availability

All prices are displayed in Euros (EUR) and include applicable VAT where required. We reserve the right to modify prices at any time. Artwork availability is subject to confirmation.

4.2 Payment Terms

Payment is required in full before shipment unless otherwise specified. We accept major credit cards and PayPal through secure payment processors. For commissioned works, payment schedules will be specified in separate commission agreements.

4.3 Order Confirmation

Your receipt of an email order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right to cancel any order at our discretion.

5. SHIPPING AND DELIVERY

5.1 Shipping Methods

We ship worldwide using reputable carriers. Shipping costs are calculated at checkout based on destination and package size/weight. Original artworks are shipped with insurance and tracking.

5.2 Delivery Times

EU deliveries: 5-10 business days. International deliveries: 10-21 business days. Custom/commissioned works have separate timelines as specified in individual agreements. Delivery times are estimates and not guarantees.

5.3 Risk of Loss

Risk of loss and title for items purchased pass to you upon delivery to the carrier. We strongly recommend purchasing shipping insurance for high-value items if not already included in quote or listed prices on the website or confirmed by us.

5.4 Customs and Import Duties

International buyers are responsible for all customs duties, taxes, and brokerage fees. As original artworks, many items qualify for cultural goods exemptions, but buyers should verify with their local customs authorities.

6. RETURNS AND EXCHANGES

6.1 EU Consumer Rights

EU consumers have the right to cancel purchases within 14 days of receipt without giving a reason, in accordance with EU Consumer Rights Directive. This right does not apply to:

a) Custom or commissioned artworks

b) Personalised items

c) Digital downloads after access has been provided

6.2 Return Conditions

All items are made to order and cannot be returned or refunded. If items arrive damaged as a result of shipping, please contact us immediately with photos so that a claim can be filed with the insurer. In this case, we will ship a new item to you without extra cost. You can keep, gift or donate the damaged item at your discretion. 

6.3 Damage Claims

Report shipping damage within 48 hours of delivery with photographic evidence. We will work with carriers to resolve damage claims and provide replacements as appropriate.

7. MEMBERSHIP SERVICES

7.1 Cool Cats Club and Curiosity Club

Membership services include monthly or annual subscriptions providing exclusive content, early access, and special perks as described on our membership pages. Memberships automatically renew unless cancelled.

7.2 Cancellation Policy

You may cancel your membership at any time through your account settings or by contacting us. Cancellation takes effect at the end of the current billing period. No partial refunds are provided for unused portions of membership periods.

7.3 Membership Benefits

We reserve the right to modify membership benefits, pricing, or terms with 30 days notice to active members. Continued use of services after notification constitutes acceptance of changes.

8. COMMISSIONED WORKS

Custom commissions are subject to separate written agreements specifying scope, timeline, payment schedule, and terms. Commission agreements supersede conflicting provisions in these general Terms. All commissioned works remain our intellectual property unless explicitly transferred in writing.

9. COPYRIGHT ENFORCEMENT AND PENALTIES

9.1 Infringement Detection

We actively monitor for copyright infringement using automated detection systems and manual review. We maintain records of all Content for enforcement purposes.

9.2 Liquidated Damages

Any unauthorised use of our Content, including but not limited to AI training, data scraping, or commercial reproduction, shall incur liquidated damages of EUR 10,000 per work infringed, plus legal costs and injunctive relief.

9.3 Reporting Infringement

To report copyright infringement, contact us at legal@nhiyc.com with detailed information including URLs, descriptions, and evidence of infringement.

10. USER CONDUCT

You agree not to:

a) Use automated systems to access or interact with our Website

b) Attempt to reverse engineer, decompile, or extract source code

c) Interfere with Website security or functionality

d) Upload malicious code or conduct security testing

e) Violate any applicable laws or regulations

11. DISCLAIMERS AND LIMITATIONS

11.1 Warranty Disclaimer

Except as required by Dutch consumer protection law, the Website and all Content are provided 'as is' without warranties of any kind. We disclaim all implied warranties including merchantability and fitness for particular purposes to the fullest extent permitted by law.

11.2 Limitation of Liability

Our liability for any claims arising from these Terms or use of our Website shall not exceed the amount paid by you for the specific product or service giving rise to the claim. This limitation does not apply to liability that cannot be excluded under Dutch law.

12. GOVERNING LAW AND JURISDICTION

These Terms are governed by Dutch law. For EU consumers, mandatory consumer protection laws of your country of residence may also apply. Any disputes will be subject to the exclusive jurisdiction of Dutch courts, except where EU consumer law provides otherwise.

13. DISPUTE RESOLUTION

For consumer disputes under EUR 5,000, we offer access to the European bodies for dispute recommended by the European Comission: https://consumer-redress.ec.europa.eu/dispute-resolution-bodies_en#oe-list-page-filters-anchor. For larger disputes or business customers, we encourage mediation before litigation.

14. MODIFICATIONS TO TERMS

We may modify these Terms at any time by posting updated terms on our Website. For material changes affecting existing orders or memberships, we will provide 30 days notice via email. Continued use after modifications constitutes acceptance of new terms.

15. SEVERABILITY

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect. Unenforceable provisions will be modified to the minimum extent necessary to make them enforceable.

16. CONTACT INFORMATION

For questions about these Terms, contact us at:

Email: legal@nhiyc.com

Business Address: 22H Chasséstraat, 1057JE Amsterdam, The Netherlands

Website: https://www.nhiyc.com

© 2026 Nhiyc & The Cool Cats. All Rights Reserved.