TERMS AND CONDITIONS
Article 1 – Definitions
In these conditions the following definitions apply:
- Reflection period : the period within which the consumer can exercise 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 data carrier : any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows future consultation and unchanged 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 form for withdrawal that the entrepreneur makes available that a consumer can complete 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 agreement : an agreement in which, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the agreement;
- Remote communication technology : means that can be used to conclude an agreement, without the consumer and entrepreneur being in the same room at the same time.
Article 2 – Identity of the entrepreneur
The Art of Interior BV
1251 RM Laren
+31 (0) 85 401 0907 (Mon – Fri 8:00 am to 5:30 pm)
Chamber of Commerce 81407238
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 concluded between the entrepreneur and the consumer.
- 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, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and they will be sent free of charge as soon as possible at the request of the consumer.
- 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 can be made available to the consumer electronically in such a way that it can be read by the consumer. can be easily stored on a durable data carrier. 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 free of charge electronically or otherwise at the request of the consumer.
- In the event that, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs apply mutatis mutandis and in the event of conflicting general terms and conditions, the consumer can always rely on the applicable provision that is most favorable to him. is.
- 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 remainder of the agreement and these terms and conditions will remain in force and the provision in question will be immediately replaced in mutual consultation by a provision that of the original as closely as possible.
- Situations that are not regulated in 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 period of validity or is made subject to conditions, this will be expressly 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 a good assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
- All images and specifications in the offer are indicative and cannot give rise to compensation or termination of the agreement.
- Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors displayed correspond exactly to the real colors of the products.
- Each offer contains such information that it is clear to the consumer what the rights and obligations are associated with accepting the offer. This concerns in particular:
- the price including taxes;
- any shipping costs;
- the manner in which the agreement will be concluded 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 acceptance of 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 technology for distance communication are calculated on a different basis than the regular basic rate for the means of communication used;
- whether the agreement is archived after its conclusion, and if so, how it can be consulted by the consumer;
- the way in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, restore it;
- any other languages in which, in addition to Dutch, the agreement can be concluded;
- the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically.
Article 5 – The agreement
- The agreement is concluded, subject to the provisions of paragraph 4, 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 entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the agreement.
- 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 safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
- The entrepreneur can - within legal frameworks - 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, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
- The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
- the visiting address of the entrepreneur's branch 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 existing after-sales service;
- the information included in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before 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 option to terminate the agreement without giving reasons within 14 days. This reflection period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur.
- 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 assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product to the entrepreneur with all accessories supplied and - if reasonably possible - in the original condition and packaging, 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 of this within 14 days of receipt of the product. After the consumer has indicated 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 shipment.
- If, after the expiry of the periods referred to 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, a maximum of the costs of return will be borne by him.
- If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 14 days after cancellation. This is subject to the condition that the product has already been received back by the online retailer or that conclusive proof of complete return can be provided. Refunds will be made via the same payment method used by the consumer unless the consumer expressly consents to another payment method.
- If the product is damaged 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 depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, this must be done before concluding the purchase agreement.
Article 8 – Exclusion of right of withdrawal
- 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 time before concluding the agreement.
- Exclusion of the right of withdrawal is only possible for products:
- that have been created by the entrepreneur 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 as a result of changes in VAT rates.
- 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 and over which the entrepreneur has no influence. This liability to fluctuations and the fact that any prices stated are target prices are stated in the offer.
- 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 legal regulations or provisions; or
- the consumer has the right 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. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 – Conformity and Warranty
- The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions existing on the date of the conclusion of the agreement and/or 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 can assert against the entrepreneur under the agreement.
- Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks of delivery. Products must be returned in the 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 warranty does not apply if:
- The consumer has repaired and/or edited the delivered products himself or has had them repaired and/or edited by third parties;
- The delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or are contrary to the instructions of the entrepreneur and/or on the packaging;
- The defect 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
- The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.
- The place of delivery is the address that the consumer has provided to the company.
- Taking into account what is stated in paragraph 4 of this article, the company will execute 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 he has placed the order. In that case, the consumer has the right to terminate the agreement without costs. The consumer is not entitled to compensation.
- All delivery times are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a term does not entitle the consumer to compensation.
- 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 within 14 days after dissolution.
- If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to make a replacement item available. No later than upon delivery, it will be stated in a clear and understandable manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of any return shipment are 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 representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
Article 12 – Copyright
- The suppliers who supply the products to The Art of Interior retain the copyright where applicable of the artworks, designs, sketches, etc. designed or created by them, hereinafter referred to as 'the product'. The buyer is not permitted to change, repeat or multiply the design of a product, even if it concerns only part of the product, without the express written permission of the supplier.
- The Art of Interior and the artists who supply the products, unless expressly agreed otherwise in writing upon order, have the right to have the design or parts of the design executed repeatedly. The Art of Interior and the artists who supply the products have the right to take photos or other images for promotional purposes and to reproduce and make them public. The ownership of products supplied by The Art of Interior and/or its suppliers, ideas, concepts or (trial) designs provided 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 said property, The Art of Interior is entitled to charge a reasonable fee to be determined by itself.
Article 13 – Payment
- Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the commencement of the reflection period 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.
- The consumer has the obligation to immediately report any inaccuracies in payment details provided or stated to the entrepreneur.
- In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs communicated to the consumer in advance.
Article 14 – Complaints & liability
- The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days after the consumer has discovered the defects.
- Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of 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 settlement procedure.
- In case of complaints, a consumer must first contact the entrepreneur. If the online store is affiliated with Stichting WebwinkelKeur and for complaints that cannot be resolved by mutual agreement, the consumer must contact Stichting WebwinkelKeur ( 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 not yet found, the consumer has the option to have his complaint handled by the independent dispute committee appointed by Stichting WebwinkelKeur, the decision of which is binding and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this dispute committee involves costs that must be paid by the consumer to the relevant committee. It is also possible to register 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 his option, replace or repair the delivered products free of charge.
- The Art of Interior does everything that can 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 rights. Damage arising if it appears that the supplier does not have the necessary rights is at all times limited to the amount of the purchase that the buyer has actually paid to The Art of Interior, including any shipping costs. The Art of Interior further expressly rejects any liability.
- The Art of Interior is not liable for any damage that occurred after hanging the photo art.
- The risk of loss or damage to the product passes to the buyer at the time when it is legally and/or actually delivered to the buyer and is therefore placed under the control of the buyer or a third party to be designated by the buyer.
- The Art of Interior cannot be held liable if damage has occurred to a work of art that is due to intent and/or gross negligence and/or culpable actions, or improper or improper use of the work of art by the buyer. Complaints do not suspend any obligations of the buyer.
- When accepting an assignment, The Art of Interior accepts no liability for infringement of any intellectual property rights of third parties. In the event that The Art of Interior is held liable by third parties for infringement of any intellectual property right, the customer indemnifies The Art of Interior against all damage suffered by The Art of Interior as a result, including that for which The Art of Interior is held liable by third parties. 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 assignment. Even if there is consequential damage or damage from third parties, The Art of Interior will be enabled to provide good work for defective work within a reasonable period of time. The Art of Interior is not liable for the consequences of errors in orders, 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 in this regard and reimburse The Art of Interior for everything what it must comply with this third party.
- To the extent that The Art of Interior is dependent in its activities 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 in any way be held liable for any damage whatsoever arising from these relationships with The Art of Interior or the termination thereof, regardless of whether this damage arises or becomes visible during the relationship with The Art of Interior. In the event of an attributable failure to comply with the agreement, The Art of Interior is only liable for replacement compensation 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 take into account that information sent via the internet can be monitored by third parties. The Art of Interior cannot be held liable for damage in any form caused by sending confidential or secret information. The buyer must immediately inform The Art of Interior in writing of any changes in buyer data, such as a change of address. If the buyer fails to do so, the latter is fully liable for any damage caused by this and suffered by The Art of Interior.
Article 15 – Disputes
- Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the consumer lives abroad.
- 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.