Terms and conditions

Terms of Sale – Cookie Banner Design (B2B | Digital Product)

Trade name: Cookie Banner Design
Company name: Marketing ROI Dynamics
Product type: Digital product (custom cookie banner templates)
Business model: One-time purchase
Version: 1.5 (B2B – Digital Product)
Last updated: 31 december 2025

1. Definitions

  • Cookie Banner Design: the trade name of Marketing ROI Dynamics, established in the Netherlands.

  • Client: any natural or legal person acting in the course of business or professional activity.

  • Digital Product: the custom cookie banner templates and related digital materials supplied by Cookie Banner Design.

  • Third-Party Software: software provided by third parties, including but not limited to Cookiebot.

  • Agreement: any agreement relating to the purchase of the Digital Product.

2. Applicability (B2B only)

2.1 These Terms apply exclusively to business-to-business (B2B) transactions.
2.2 Consumer protection legislation is expressly excluded.
2.3 Any general terms of the Client are explicitly rejected.

3. Nature of the product

3.1 Cookie Banner Design sells a digital product.
3.2 The sale concerns digital content, delivered electronically after purchase.
3.3 No subscription, SaaS solution or ongoing service is provided.

4. Delivery

4.1 Delivery of the Digital Product takes place electronically after payment.
4.2 The Client is responsible for correct receipt, storage and implementation of the Digital Product.
4.3 Once delivered, the Digital Product is deemed accepted.
4.4 As the product is develevered after purchase and the Cookie banners are not a fysical product, we do not offer a return policy.

5. Implementation and responsibility

5.1 The Client is solely responsible for:

  • implementation of the Digital Product;

  • configuration and use within Cookiebot or other third-party software;

  • the functioning, security and continuity of the website or webshop;

  • compliance with applicable laws and regulations.

5.2 Cookie Banner Design is not responsible for website malfunctions, errors, downtime or loss of revenue caused by implementation or use.

6. No GDPR / ePrivacy compliance guarantee

6.1 Cookie Banner Design does not guarantee that use of the Digital Product results in compliance with the GDPR, ePrivacy Directive or other privacy legislation.
6.2 The Client remains at all times the sole data controller.
6.3 The Client bears full responsibility for legal compliance.

7. Liability limitation (B2B)

7.1 To the maximum extent permitted by law, Cookie Banner Design shall not be liable for:

  • direct or indirect damages;

  • consequential damages;

  • loss of profits or revenue;

  • loss or corruption of data;

  • reputational damage;

  • business interruption.

7.2 If liability cannot be excluded, it is strictly limited to the purchase price paid for the Digital Product.
7.3 Any claim must be submitted in writing within fourteen (14) days after discovery.

8. Indemnification (including regulatory fines)

8.1 The Client indemnifies and holds harmless Cookie Banner Design against all claims, damages, fines, sanctions and enforcement measures, including those imposed by supervisory authorities such as the Dutch Data Protection Authority (Autoriteit Persoonsgegevens), arising from:

  • use of the Digital Product;

  • implementation or configuration;

  • non-compliance with privacy or cookie legislation.

8.2 This indemnification includes all legal and professional costs.

9. Intellectual property

9.1 All intellectual property rights relating to the Digital Product, including but not limited to designs, templates, code and visuals, remain exclusively vested in Cookie Banner Design.
9.2 The purchase of the Digital Product does not result in a transfer of intellectual property rights.
9.3 The Client is permitted to use the Digital Product solely for its own business website(s).

10. Prohibited use

The Client is strictly prohibited from:

  • copying, reproducing or redistributing the Digital Product;

  • reselling, sharing or making the Digital Product available to third parties;

  • using the Digital Product for clients, customers or third parties;

  • creating derivative works;

  • using the Digital Product outside the agreed business context.

11. Contractual penalty for IP infringement

11.1 Any infringement of Cookie Banner Design’s intellectual property rights results in an immediately payable contractual penalty of €25,000 per violation, plus:

  • €5,000 for each day the infringement continues.

11.2 This penalty does not limit Cookie Banner Design’s right to claim full damages or injunctive relief.

12. No right of withdrawal / refunds (B2B digital content)

12.1 Due to the nature of digital content, no refunds are granted after delivery.
12.2 The Client explicitly agrees that delivery starts immediately after purchase.

13. Force majeure

Cookie Banner Design is not liable for failure to perform due to force majeure, including failures of third-party software or infrastructure.

14. Amendments

Cookie Banner Design may amend these Terms at any time. The latest version shall apply.

15. Governing law and jurisdiction

15.1 These Terms and the Agreement are governed exclusively by Dutch law.
15.2 All disputes shall be submitted to the competent court in the Netherlands.

16. Contact details

Cookie Banner Design
Marketing ROI Dynamics
Email: info@marketingroidynamics.nl