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GENERAL TERMS AND CONDITIONS

Article 1 – Definitions

In these terms and conditions the following terms shall have the following meanings:

  • Reflection period : the period within which the consumer can make use of his right of withdrawal;
  • Consumer : the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
  • Day : calendar day;
  • Durable medium : any instrument which enables the consumer or the entrepreneur to store information addressed personally to him in a way accessible for future consultation and unaltered reproduction of the stored information.
  • Right of withdrawal : the option for the consumer to cancel the distance contract within the cooling-off period;
  • Model form : the model withdrawal form made available by the trader that a consumer can fill in when he wants to exercise his right of withdrawal.
  • Entrepreneur : the natural or legal person who offers products and/or services remotely to consumers;
  • Distance contract : an agreement concluded between the consumer within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, whereby up to and including the moment the agreement is concluded exclusive use is made of one or more techniques for distance communication;
  • Distance communication technology : means that can be used to conclude an agreement without the consumer and the entrepreneur being in the same place at the same time.

 

Article 2 – Identity of the entrepreneur

The Art of Interior BV

Seventh 75a

1251 RM Laren

+31 (0) 85 401 0907 (Mon - Fri 8:00 to 17:30)

info@theartofinterior.nl

VAT NL862076237B01
Chamber of Commerce 81407238
BANK NL05 ABNA 0100528457

 

Article 3 – Applicability 

    1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and orders concluded between the entrepreneur and the consumer.
    2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the consumer will be informed before the distance contract is concluded that the general terms and conditions are available for inspection at the company and will be sent free of charge to the consumer as soon as possible upon request.
    3. If the distance contract is concluded electronically, notwithstanding the previous paragraph, and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, the consumer will be informed where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer electronically or otherwise at the consumer's request.
    4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly and, in the event of conflicting general terms and conditions, the consumer can always rely on the applicable provision that is most favourable to him.
    5. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, the agreement and these terms and conditions will otherwise remain in force and the provision in question will be replaced without delay by mutual agreement with a provision that approximates the purport of the original as closely as possible.
    6. Situations not covered by these terms and conditions must be assessed 'in the spirit' of these terms and conditions.

 

Article 4 – The offer

  1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
  2. The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer.
  3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the entrepreneur uses images, these must be a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
  4. All images, specifications, and data in this offer are indicative and cannot give rise to compensation or termination of the agreement.
  5. Product images are a true representation of the products offered. The company cannot guarantee that the displayed colors exactly match the actual colors of the products. 
  6. Each offer contains sufficient information to clearly indicate to the consumer the rights and obligations associated with accepting the offer. This specifically concerns :
    • the price including taxes;
    • any shipping costs;
    • the manner in which the agreement will be concluded and the actions required for this;
    • whether or not the right of withdrawal applies;
    • the method of payment, delivery and execution of the agreement;
    • the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
    • the amount of the rate for distance communication if the costs of using the distance communication technology are calculated on a basis other than the regular basic rate for the means of communication used;
    • whether the agreement is archived after it has been concluded, and if so, how it can be consulted by the consumer;
    • the manner in which the consumer, before concluding the agreement, can check and, if necessary, correct the data provided by him in connection with the agreement;
    • any other languages ​​in which, in addition to Dutch, the agreement may be concluded;
    • the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically.

 

Article 5 – The Agreement

  1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set therein.
  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer may terminate the agreement.
  3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will implement appropriate security measures.
  4. The entrepreneur may, within legal frameworks, investigate whether the consumer can meet their payment obligations, as well as all the facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good reason not to enter into the contract, they are entitled to refuse an order or request with reasons or to impose special conditions on its execution.
  5. The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
  • the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
  • the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  • the information about warranties and portrait -sales service;
  • the information included in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to the execution of the agreement;
  • the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
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Article 6 – Right of withdrawal

    1. When purchasing products, consumers have the right to cancel the agreement without giving reasons within 14 days. This cooling-off period begins on the day after the consumer, or a representative designated in advance by the consumer and announced to the company, receives the product.
    2. During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they will return the product with all accessories supplied and – if reasonably possible – in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
    3. If the consumer wishes to exercise their right of withdrawal, they are required to notify the entrepreneur within 14 days of receiving the product. After the consumer has indicated their intention to exercise their right of withdrawal, they must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example, by providing proof of shipment.
    4. If the customer has not indicated that they wish to exercise their right of withdrawal after the periods mentioned in paragraphs 2 and 3 have expired, or has not returned the product to the entrepreneur, the purchase is final.

 

Article 7 – Costs in case of revocation 

  1. If the consumer exercises his right of withdrawal, he will be responsible for at most the costs of return.
  2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after cancellation. This is subject to the condition that the product has already been received by the online retailer or conclusive proof of complete return can be provided. Refunds will be made via the same payment method used by the consumer, unless the consumer explicitly consents to a different payment method.
  3. In the event of damage to the product due to careless handling by the consumer, the consumer is liable for any decrease in value of the product.
  4. The consumer cannot be held liable for any diminished value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, which must be provided before concluding the purchase agreement.

 

Article 8 – Exclusion of the right of withdrawal

  1. The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement.
  2. Exclusion of the right of withdrawal is only possible for products: 
  • which have been created by the entrepreneur in accordance with the consumer's specifications;
  • that are clearly personal in nature;
  • products with unusual sizes;
  • custom-made products

 

Article 9 – The price

  1. During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
  2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market over which the entrepreneur has no control. This subjection to fluctuations and the fact that any stated prices are target prices will be stated in the offer.
  3. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and: 
  • these are the result of statutory regulations or provisions; or
  • the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.
  • The prices stated in the offer of products or services include VAT.
  • All prices are subject to printing and typographical errors. We accept no liability for the consequences of printing and typographical errors. In the event of printing or typographical errors, the entrepreneur is not obligated to deliver the product at the incorrect price. 

 

Article 10 – Conformity and Warranty

  1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations portrait on the date the agreement is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the entrepreneur under the agreement.
  3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within four weeks of delivery. Products must be returned in their original packaging and in new condition.
  4. The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
  5. The warranty does not apply if:
  • The consumer has repaired and/or modified the delivered products himself and/or has had them repaired and/or modified by third parties;
  • The delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or in conflict with the instructions of the entrepreneur and/or on the packaging;
  • The defectiveness is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used. 

 

Article 11 – Delivery and execution

  1. The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.
  2. The place of delivery is the address that the consumer has provided to the company.
  3. Subject to the provisions of paragraph 4 of this article, the company will fulfill accepted orders expeditiously, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement free of charge. The consumer is not entitled to compensation. 
  4. All delivery times are indicative. Consumers cannot derive any rights from any stated delivery times. Exceeding a delivery time does not entitle the consumer to compensation.
  5. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
  6. If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement item. The fact that a replacement item is being delivered will be clearly and comprehensibly communicated at the time of delivery. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipping are borne by the entrepreneur.
  7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative made known to the entrepreneur, unless expressly agreed otherwise.

 

Article 12 – Copyright

  1. The suppliers who supply the products to The Art of Interior retain the copyright, where applicable, on the artworks, designs, sketches, etc., designed or created by them, hereinafter referred to as "the product." The buyer is not permitted to modify, repeat, or reproduce the design of a product, even if only part of the product is involved, without the express written permission of the supplier.
  2. The Art of Interior and the artists who supply the products, unless expressly agreed otherwise in writing at the time of the commission, have the right to have the design or parts of the design repeatedly produced. The Art of Interior and the artists who supply the products have the right to take photographs or other images for promotional purposes, and to reproduce and publish them. Ownership of the products, ideas, concepts, or (sample) designs supplied by The Art of Interior and/or its suppliers remains entirely with The Art of Interior and/or the relevant supplier, unless expressly agreed otherwise in writing. In the event of a proven violation of the aforementioned ownership, The Art of Interior is entitled to charge a reasonable fee of its own choosing.
  3. The artworks in The Art of Interior are independent creative interpretations and are not associated with brands such as Chanel or other brands . All trademarks are the property of their respective owners.

Article 13 – Payment

  1. Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period commences after the consumer has received confirmation of the agreement.
  2. The consumer has the duty to report any inaccuracies in payment details provided or stated to the entrepreneur without delay.
  3. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs made known in advance.

 Article 14 – Complaints & liability

  1. The entrepreneur has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the performance of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has discovered the defects.
  3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed response.
  4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
  5. In the event of complaints, a consumer should first contact the entrepreneur. If the online store is affiliated with the WebwinkelKeur Foundation and complaints that cannot be resolved amicably, the consumer should contact the WebwinkelKeur Foundation ( www.webwinkelkeur.nl ), which will mediate free of charge. Check whether this online store has a current membership via https://www.webwinkelkeur.nl/leden/ . If a solution is still not reached, the consumer has the option of having their complaint handled by the independent dispute committee appointed by the WebwinkelKeur Foundation. The decision of this committee is binding, and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this dispute committee involves costs that the consumer must pay to the committee in question. It is also possible to register complaints via the European ODR platform ( http://ec.europa.eu/odr ).
  6. A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.
  7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.
  8. The Art of Interior will do everything reasonably expected of it to establish that the supplier is authorized to supply the product to The Art of Interior and that The Art of Interior is authorized to resell the product. This includes, but is not limited to, copyright and/or copying rights. Any damages resulting from the supplier's failure to hold the necessary rights are always limited to the purchase price actually paid to The Art of Interior by the buyer, including any shipping costs. Furthermore, The Art of Interior expressly disclaims any liability. 
  9. The Art of Interior is not liable for any damage that may occur after hanging the photo art.
  10. The risk of loss or damage to the product shall pass to the buyer at the time when it is legally and/or physically delivered to the buyer and thus comes into the power of the buyer or a third party designated by the buyer. 
  11. The Art of Interior cannot be held liable for damage to a work of art due to intent and/or gross negligence and/or culpable conduct, or improper or inappropriate use of the work of art by the buyer. Complaints do not suspend any obligations of the buyer.
  12. Upon acceptance of an assignment, The Art of Interior accepts no liability for infringement of any third-party intellectual property rights. If The Art of Interior is held liable by third parties for infringement of any intellectual property right, the client indemnifies The Art of Interior against all damages suffered by The Art of Interior as a result, including any damages for which The Art of Interior is held liable by third parties and any costs incurred by The Art of Interior.
  13. The Art of Interior's liability under any agreed-upon delivery is always limited to the amount of the order. Even in the event of consequential damage or damage to third parties, The Art of Interior will be able to replace defective work within a reasonable timeframe. The Art of Interior is not liable for the consequences of errors in the order, information, or materials provided by the buyer. If The Art of Interior is held liable by a third party for any damage for which it is not liable under the agreement with the buyer or these terms of delivery, the buyer will fully indemnify The Art of Interior and reimburse The Art of Interior for all amounts owed to that third party.
  14. To the extent that The Art of Interior's activities depend on the cooperation, services, deliveries, guarantees, and statements of third parties, over which The Art of Interior has little or no influence, The Art of Interior cannot be held liable in any way for any damage whatsoever arising from these relationships with The Art of Interior or their termination, regardless of whether this damage arises or becomes apparent during the relationship with The Art of Interior. In the event of an attributable failure to fulfill the agreement, The Art of Interior is only liable for compensatory damages up to the invoice amount. Any liability of The Art of Interior for any other form of damage is excluded, including compensation for indirect damage, consequential damage, or damage due to lost turnover or profit. The buyer must keep in mind that information sent via the internet can be intercepted by third parties. The Art of Interior cannot be held liable for damage of any kind caused by the transmission of confidential or secret information. The buyer must immediately inform The Art of Interior in writing of any changes to the buyer's information, such as a change of address. If the buyer fails to do so, the latter will be fully liable for any damage caused as a result and suffered by The Art of Interior.

Article 15 – Disputes

  1. Agreements between the entrepreneur and the consumer to which these terms and conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.
  2. The Vienna Sales Convention does not apply.

Article 16 – Additional or deviating provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.