GENERAL TERMS AND CONDITIONS
Article 1 - Definitions
For the purposes of these terms and conditions, the following definitions shall apply:
- Grace period: the period within which the consumer can make use of 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: calendar day;
- Durable medium: every mean that enables the consumer or trader to store information addressed to him personally in a way that makes future consultation and unaltered reproduction of the stored information possible.
- Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
- Model form: the model form for withdrawal which the trader makes available and which a consumer may fill in if he wishes to make use of his right of withdrawal.
- Entrepreneur: the natural or legal person who offers products and/or services to consumers from a distance;
- Distance contract: an agreement whereby sole use is made of one or more techniques for distance communication within the framework of a system organised by the trader for the distance sale of products and/or services, up to and including the moment that the agreement is concluded;
- Technology for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being together in the same room at the same time.
Article 2 - Identity of the entrepreneur
The Art of Interior B.V.
1251 RM Laren
+31 (0) 85 401 0907 (Mon - Fri 8:00 to 17:30)
BANK NL05 ABNA 0100528457
Article 3 - Applicability
- These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order that is concluded between the entrepreneur and the consumer.
- Before the remote agreement is concluded, the text of these general 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 general conditions are available for inspection at the entrepreneur's premises and that they will be sent free of charge to the consumer 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 general conditions may be made available to the consumer by electronic means 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, it will be indicated where the general conditions can be viewed electronically and that, at the consumer's request, they will be sent electronically or otherwise free of charge.
- In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favourable to him.
- If one or more provisions in these general conditions at any time are invalid or annulled in whole or in part, the remainder of the agreement and these conditions will remain in effect and the provision in question will be replaced without delay in mutual consultation by a provision that approaches the meaning of the original provision as closely as possible.
- Situations not covered by these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
Article 4 - The offer
- If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer.
- The offer is without obligation. The entrepreneur is entitled to change and adapt 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 reflection of the products and / or services. Obvious mistakes or obvious errors in the offer will not bind the entrepreneur.
- All images, specifications data in the offer are indicative and can not be a reason for compensation or dissolution of the agreement.
- Images of products are a true representation of the products offered. Entrepreneur cannot guarantee that the colors shown will exactly match the real colors of the products.
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular in particular:
- the price including taxes;
- the cost of shipping, if any;
- The way in which the agreement will be established and what actions are 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 level of the rate for distance communication if the cost of using the technique for distance communication is calculated on a basis other than the regular basic rate for the means of communication used;
- Whether the contract will be archived after its conclusion, and if so in what way it can be consulted by the consumer;
- The way in which the consumer, before the conclusion of the contract, can check the data provided by him in the context of the contract and, if desired, correct them;
- any other languages in which, besides 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 comes into effect, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and the fulfilment of the conditions set therein.
- 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 entrepreneur, the consumer can dissolve the agreement.
- If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
- The entrepreneur may - within legal limits - obtain information on whether the consumer can meet his payment obligations, as well as all those facts and factors relevant to a sound conclusion of the distance contract. If the entrepreneur, on the basis of this research, has good reason not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation.
- The entrepreneur will include with the product or service to the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
- The visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
- The conditions under which and the way in which the consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
- The information about warranties and existing after-purchase service;
- the data included in article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this data 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.
Article 6 - Right of withdrawal
- When purchasing products, the consumer has the possibility of dissolving the contract, without giving reasons, during 14 days. This cooling off period commences on the day after receipt of the product by the consumer or a previously designated by the consumer and the entrepreneur announced representative.
- During the cooling-off period the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to judge whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, according to the entrepreneur provided reasonable and clear instructions.
- When the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. After the consumer has made known to use 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 a proof of posting.
- If, at the end of the periods specified in paragraphs 2 and 3, the customer has not indicated that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.
Article 7 - Costs in case of withdrawal
- If the consumer exercises his right of withdrawal, he shall bear no more than the cost of return shipment.
- 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 the withdrawal. This is subject to the condition that the product has already been received by the merchant or conclusive evidence of the complete return can be provided. Reimbursement will be made via the same payment method used by the consumer unless the consumer explicitly agrees to a different payment method.
- If the product is damaged due to careless handling by the consumer himself, the consumer is liable for any reduction in the value of the product.
- The consumer cannot be held liable for any reduction in the value of the product if the entrepreneur has not provided all the legally required information about the right of withdrawal, this must be done before the conclusion of the purchase agreement.
Article 8 - Exclusion of right of withdrawal
- The trader can preclude the consumer from having a right of withdrawal for products as described in paragraph 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least in good time before concluding the contract.
- Exclusion of the right of withdrawal is possible only for products:
- that have been created by the entrepreneur in accordance with the specifications of the consumer;
- that are clearly personal in nature;
Article 9 - The price
- During the validity period mentioned 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.
- Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned with the offer.
- Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:
- they are the result of statutory regulations or provisions; or
- the consumer is authorized to terminate the contract on the day on which the price increase takes effect.
- The prices mentioned in the offer of products or services include VAT.
- All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of misprints and typesetting errors. In case of misprints, the company is not obliged to deliver the product at the incorrect price.
Article 10 - Compliance and Warranty
- The entrepreneur guarantees that the products and / or services meet the agreement, the specifications listed in the offer, the reasonable requirements of reliability and / or usability and on the date of the conclusion of the agreement existing legal provisions and / or government regulations. If agreed, the entrepreneur also ensures 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 wrongly delivered products should be reported to the entrepreneur in writing within 4 weeks after delivery. Return of the products must take place in the original packaging and in new condition.
- The warranty period of the entrepreneur 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 warranty does not apply if:
- The consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties;
- The delivered products have been exposed to abnormal conditions or are otherwise carelessly handled or contrary to the instructions of the entrepreneur and / or on the packaging;
- The inadequacy is wholly or partly the result of regulations which the government has laid down or will lay down with regard to the nature or quality of the materials used.
Article 11 - Delivery and execution
- The entrepreneur will take the utmost care in receiving and carrying out orders for products and in assessing applications for the provision of services.
- The place of delivery is the address that the consumer has made known to the company.
- Subject to what is stated in paragraph 4 of this article, the company accepted orders expeditiously but not later than 30 days, unless consumers have agreed to a longer delivery period. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer shall be informed about this within 30 days after the order was placed. The consumer in that case has the right to terminate the contract without penalty. The consumer is not entitled to compensation.
- All delivery periods are indicative. The consumer cannot derive any rights from any deadlines mentioned. 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 proves impossible, the entrepreneur will endeavor to provide a replacement item. At the latest upon delivery, it will be clearly and comprehensibly reported that a replacement article is being delivered. With replacement items, the right of withdrawal cannot be excluded. The cost 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 time of delivery to the consumer or a pre-designated and the entrepreneur announced representative, unless otherwise expressly agreed.
Article 12 - Copyright
- The suppliers who deliver the products to The Art of Interior retain the copyright, where applicable, on the works of art, designs, sketches, etc., hereafter referred to as "the product", created by them. The buyer is not allowed to change, repeat or multiply the execution of a product, not even if it concerns only a part of the product, without the explicit written permission of the supplier.
- The Art of Interior and the artists who supplied the products have the right to repeat the design or parts of the design, unless otherwise explicitly agreed upon in writing. For promotional purposes The Art of Interior and the artists who supply the products have the right to take pictures or other images and to reproduce and publish them. The ownership of products supplied by The Art of Interior and/or its suppliers, ideas given, concepts or (test)designs remains fully with The Art of Interior and/or the supplier concerned, unless explicitly agreed upon otherwise in writing. If it appears that the above-mentioned property rights are violated, The Art of Interior is entitled to charge a reasonable fee.
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 shall start 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 the event of non-payment on the part of the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
Article 14 - Complaints & liability
- The entrepreneur has a sufficiently publicized complaint procedure and handles the complaint in accordance with this complaint procedure.
- Complaints about the execution of the agreement must be submitted to the entrepreneur within 7 days, fully and clearly described, after the consumer has found the defects.
- Complaints submitted to the trader will be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
- If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution 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 committee appointed by Stichting WebwinkelKeur, the verdict of this 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 obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
- If a complaint is found to be justified by the Entrepreneur, the Entrepreneur will, at its option, 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. Damage resulting from the fact that the supplier does not have the necessary rights is at all times limited to the amount of the purchase which the buyer 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 damages 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 thereby comes under the control of the Purchaser or a third party designated by the Purchaser.
- The Art of Interior cannot be held liable 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 shall indemnify The Art of Interior for all damages suffered by The Art of Interior as a result of such infringement, 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 shall be able to deliver good work within a reasonable term. The Art of Interior is not liable for the consequences of errors in order, information or materials supplied by purchaser. If The Art of Interior, with regard to any damage for which it is not liable under the agreement with the buyer or these terms of delivery, is held liable by a third party, the buyer shall fully indemnify The Art of Interior and reimburse The Art of Interior for everything it 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 resulting from these relations with The Art of Interior or the breaking down of them, regardless of whether this damage occurs or becomes visible during the relationship with The Art of Interior. In case of an attributable failure in the performance of the agreement The Art of Interior is only liable for substitute 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 loss of business or profits. 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 whatsoever caused by sending confidential or secret information. Buyer must inform The Art of Interior immediately in writing of any changes in buyer's details such as a change of address. If the buyer fails to do so, the latter shall be fully liable for any damage caused by this and suffered by The Art of Interior.
Article 15 - Disputes
- Contracts between the entrepreneur and the consumer to which these general conditions relate, are exclusively governed by Dutch law. Even if the consumer lives abroad.
- The Vienna Sales Convention does not apply.
Article 16 - Additional or different provisions
Additional provisions or provisions that deviate from these general 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 be stored in an accessible manner on a durable data carrier.