GENERAL TERMS AND CONDITIONS
Article 1 - Definitions
For the purposes of these terms and conditions:
- Time for reflection: the period within which the consumer may exercise his right of withdrawal;
- Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
- Day: calendarday;
- Duration transaction: a distance contract relating to a series of products and/or services, the supply and/or purchase obligation of which is spread over time;
- Durable medium: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
- Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
- Model revocation form: the model revocation form made available by the entrepreneur that a consumer can fill in when he wants to exercise his right of revocation.
- Entrepreneur: the natural or legal person who offers products and/or services at a distance to consumers;
- Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and / or services, up to and including the conclusion of the agreement, exclusive use is made of one or more means of distance communication;
- Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being in the same room at the same time.
Article 2 - Identity of the economic operator
The Art of Interior B.V.
1251 RM Laren
+31 (0) 85 401 0907 (Mon - free 8:00 to 17:30)
BANK NL05 ABNA 0100528457
Article 3 - Applicability
- These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders between entrepreneur and consumer.
- Before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the terms and conditions can be inspected at the operator and they will be sent to the consumer free of charge as soon as possible at the consumer's request.
- If the distance contract is concluded electronically, then, contrary to the previous paragraph and before the distance contract is concluded, the text of these terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
- In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply by analogy and the consumer can always invoke the applicable provision that is most favourable to him in the event of conflicting general terms and conditions.
- If one or more provisions of these general terms and conditions are at any time wholly or partially null and void or nullified, the agreement and these terms and conditions shall otherwise remain in force and the provision in question shall be replaced immediately by a provision that approximates the purport of the original as closely as possible.
- Situations that are not regulated in these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.
Article 4 - The offer
- If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
- The offer is non-binding. The entrepreneur is entitled to change and modify the offer.
- 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 make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and / or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
- All images, specifications and information contained in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
- Product images are a true representation of the products offered. Entrepreneur cannot guarantee that the colours shown correspond exactly with the real colours of the products.
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in the
- the price including taxes;
- any shipping costs;
- the manner in which the agreement will be concluded and what actions will be necessary for that purpose;
- whether or not the right of withdrawal applies;
- the method of payment, delivery and execution of the agreement;
- the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
- the amount of the tariff for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic tariff for the means of communication used;
- whether the contract will be archived after its conclusion, and if so, how this can be consulted by the consumer;
- the way in which the consumer, prior to the conclusion of the agreement, can check the data provided by him within the framework of the agreement and, if desired, rectify it;
- 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
- The agreement is, subject to the provisions of paragraph 4, concluded at the time of acceptance by the consumer of the offer and compliance with the conditions set.
- If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the contract.
- If the agreement is concluded electronically, the entrepreneur takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
- The entrepreneur can - within the legal framework - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the operator has good grounds not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the implementation.
- The Entrepreneur will include the following information with the product or service to the Consumer, in writing or in such a way that the Consumer can store it in an accessible manner on a durable medium:
- the visiting address of the establishment of the entrepreneur to which the consumer can turn with complaints;
- the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear indication of the exclusion of the right of withdrawal;
- information on warranties and existing after-sales service;
- the data included in article 4 paragraph 3 of these terms and conditions, unless the trader has already provided the consumer with these data prior to the execution of the agreement;
- the requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration.
Article 6 - Right of withdrawal
- When purchasing products, the consumer has the option of dissolving the contract without giving reasons for a period of 14 days. This reflection period commences on the day after receipt of the product by the consumer or a representative designated by the consumer and announced to the entrepreneur.
- During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all delivered accessories 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.
- If the consumer wishes to exercise his right of withdrawal, he is obliged to inform the entrepreneur within 14 days after receipt of the product. After the consumer has made it known that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of dispatch.
- If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not made it known that he wishes to exercise his right of withdrawal or has not returned the product to the Entrepreneur, the sale is a fact.
Article 7 - Costs in case of revocation
- If the consumer makes use of his right of withdrawal, at most the costs of returning the goods shall be borne by him.
- If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but at the latest within 14 days after withdrawal. This is subject to the condition that the product has already been received back by the merchant or conclusive proof of complete return can be provided. Reimbursement will be made via the same payment method used by the consumer unless the consumer expressly consents to another payment method.
- In the event of damage to the product due to careless handling by the consumer himself, the consumer is liable for any reduction in value of the product.
- The consumer cannot be held liable for any reduction in the value of the product if the trader has not provided all the legally required information about the right of withdrawal, this must be done before concluding the purchase contract.
Article 8 - Exclusion of right of withdrawal
- The trader may 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 trader has clearly stated this in the offer, at least in good time before concluding the contract.
- Exclusion of the right of withdrawal is only possible for products:
- established by the trader in accordance with the consumer's specifications;
- that are clearly personal in nature;
Article 9 - The price
- During the period of validity 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.
- Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and on which the entrepreneur has no influence, with variable prices. These fluctuations and the fact that any listed prices are target prices, are mentioned in the offer.
- Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
- Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
- they are the result of statutory regulations or provisions; or
- the consumer has the right to terminate the contract as of the day on which the price increase takes effect.
- The prices mentioned in the offer of products or services are inclusive of VAT.
- All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the wrong price.
Article 10 - Conformity and Warranty
- The entrepreneur guarantees that the products and / or services meet the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the date of the conclusion of the agreement existing legal provisions and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
- A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer under the agreement can assert against the entrepreneur.
- Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 4 weeks after delivery. Products must be returned in their original packaging and in new condition.
- 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.
- The guarantee does not apply if:
- The consumer has repaired and/or processed the delivered products himself or has had them repaired and/or processed by third parties;
- The delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the instructions of the entrepreneur and / or on the packaging have been treated;
- The defect is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or the quality of the materials used.
Article 11 - Delivery and execution
- The entrepreneur will take the greatest possible care in receiving and executing orders of products and in assessing applications for the provision of services.
- The place of delivery shall be the address that the consumer has given to the company.
- Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order can not or only partially be carried out, the consumer will receive notice of this at the latest 30 days after he placed the order. In that case, the consumer has the right to dissolve the contract free of charge. The consumer has no right to compensation.
- All delivery times are indicative. The consumer cannot derive any rights from any of these terms. Exceeding a term does not entitle the consumer to compensation.
- In case 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 at the latest within 14 days after dissolution.
- If delivery of an ordered product turns out to be impossible, the entrepreneur will make every effort to make a replacement article available. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement article will be delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.
- The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously appointed and announced representative, unless expressly agreed otherwise.
Article 12 - Copyright
- The suppliers who supply the products to The Art of Interior retain the copyright where applicable to the works of art, designs, sketches, etc. designed or created by them, hereinafter referred to as 'the product'. Buyer shall not be permitted to modify, repeat or multiply the execution of a product, even if it concerns only a part of the product, without the express written consent of the supplier.
- The Art of Interior and the artists who supply the products, unless expressly agreed otherwise in writing by order, shall be entitled to have the design or parts of the design executed repeatedly. The Art of Interior and the artists who supply the products for promotional purposes have the right to take photographs or other images and to reproduce and publish them. The ownership of products, ideas, concepts or (trial) designs supplied by The Art of Interior and/or its suppliers remains entirely with The Art of Interior and/or the supplier in question, unless expressly agreed otherwise in writing. In the event of any apparent violation of the aforementioned property The Art of Interior is entitled to charge a reasonable but self-determined fee for this violation.
Article 13 - Payment
- As far as no other date has been agreed, sums payable by the consumer should be paid within 7 working days after the start of the reflection period, as referred to in article 6, paragraph 1. In case of an agreement for the provision of a service, this period starts after the consumer has received the confirmation of the agreement.
- The consumer has the duty to immediately report inaccuracies in payment data provided or mentioned to the entrepreneur.
- In case of non-payment on the part of the consumer, and subject to legal restrictions, the entrepreneur is entitled to charge the consumer for any reasonable costs made known to the consumer in advance.
Article 14 - Complaints & liability
- The entrepreneur has a sufficiently publicised complaints procedure and deals with the complaint in accordance with this complaints procedure.
- Complaints about the execution of the contract must be submitted to the entrepreneur within 7 days, fully and clearly described, after the consumer has found the defects.
- Complaints submitted to the entrepreneur shall be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the period of 14 days with a message of receipt and an indication of when the consumer can expect a more detailed answer.
- If the complaint cannot be solved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.
- In case of complaints, a consumer should first turn to the entrepreneur. If the web shop is affiliated with Stichting WebwinkelKeur and in the event of complaints that cannot be resolved by mutual agreement, the consumer should contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check if this web shop has a current membership via https://www.webwinkelkeur.nl/leden/. If there is still no solution, the consumer has the possibility to let his complaint be handled by the independent dispute commission appointed by Stichting WebwinkelKeur, the verdict of which is binding and both entrepreneur and consumer agree to this binding decision. To submit a dispute to this dispute committee are costs that consumers must pay to the committee. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
- A complaint does not suspend the Entrepreneur's obligations, unless the Entrepreneur indicates otherwise in writing.
- If a complaint is found to be justified by the trader, the trader will, at his discretion, either replace or repair the delivered products free of charge.
- The Art of Interior shall do all that may reasonably be expected of it to establish that the supplier is entitled to deliver the product to The Art of Interior and The Art of Interior is entitled to resell the product. This includes but is not limited to copyright and/or copy right. Damages arising if it appears that the supplier does not have the necessary rights, are at all times limited to the amount of the purchase that the buyer has actually paid to The Art of Interior, including shipping costs. Furthermore The Art of Interior explicitly rejects any liability.
- The Art of Interior is not liable for any damage that may occur after hanging the photo art.
- The risk of loss or damage to the product shall pass to the purchaser at the time when it is legally and/or actually delivered to the purchaser and thus comes under the control of the purchaser or a third party designated by the purchaser.
- The Art of Interior cannot be held responsible if damage to a work of art has occurred due to intentional and/or grossly negligent and/or culpable actions, or due to injudicious or improper use of the work of art by the buyer. Complaints do not suspend any obligations of the buyer.
- Upon acceptance of an order The Art of Interior accepts no liability for infringement of any intellectual property right of a third party. In case The Art of Interior is sued by a third party for infringement of an intellectual property right, the client indemnifies The Art of Interior for all damages suffered by The Art of Interior as a result of this, including those for which The Art of Interior is sued by a third party and including the costs incurred by The Art of Interior.
- The liability of The Art of Interior on account of any agreed delivery is at all times limited to the amount involved in the order. Also in case of consequential damage or damage of third parties. The Art of Interior is allowed to make good any unsatisfactory work within a reasonable period of time. The Art of Interior is not liable for the consequences of mistakes in instructions, information or materials given by the buyer. If The Art of Interior is held liable by a third party for any damage, for which The Art of Interior is not liable under the agreement with the buyer or under these terms of delivery, the buyer shall fully indemnify The Art of Interior and reimburse The Art of Interior for everything that The Art of Interior has to pay to this third party.
- As far as The Art of Interior in its activities depends on the cooperation, services, deliveries, guarantees and declarations of third parties, on which The Art of Interior has little or no influence, The Art of Interior can in no way be held liable for any damage whatsoever ensuing from these relations with The Art of Interior or the breaking down of them, regardless of whether this damage occurs or becomes apparent during the relationship with The Art of Interior. In case of an attributable failure in the fulfilment of the agreement, The Art of Interior shall only be liable for substitute damages up to the amount of the invoice. 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 loss of business or profit. The buyer must take into account that information sent by internet can be intercepted by third parties. The Art of Interior cannot be held responsible for damage in any form caused by sending confidential or secret information. The purchaser must inform The Art of Interior immediately in writing of any changes in purchaser's details, such as a change of address. If the purchaser fails to do so, he shall be fully liable for any damage caused by this and suffered by The Art of Interior.
Article 15 - Disputes
- Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. Even if the consumer lives abroad.
- The Vienna Sales Convention shall not apply.
Article 16 - Additional or different provisions
Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer and should be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable data carrier.