Algemene verkoopvoorwaarden van Amersfoort Art Galerie en hieraan gelieerde webshops, Beeldjeshuis.nl, Wissellijstenshop.nl en Inlijst.nl.
Artikel 1. Definities
In deze algemene voorwaarden worden de hierna volgende termen in de navolgende betekenis gebruikt, tenzij uitdrukkelijk anders is aangegeven.
User: the user of the general terms and conditions;
Consumer: an opposing party who is a natural person and not acting in the course of a business or profession;
Agreement: the agreement between user and consumer;
Consumer purchase: the contract of purchase and sale relating to a movable item, concluded by a seller acting in the exercise of a profession or business, and a the consumer, natural person, not acting in the exercise of a profession or business.
Article 2. General
These conditions apply to every offer, quotation and agreement between user and a consumer to which user has declared these conditions applicable, insofar as these conditions have not been expressly deviated from by the parties in writing.
Article 3. Applicability
To all offers, orders and agreements of Amersfoort Art Gallery, to the exclusion of any other general terms and conditions, these General Terms and Conditions of Sale (hereinafter: “Terms and Conditions of Sale”) apply. Accepting an offer or placing an order implies that you accept the applicability of these Terms of Sale. Deviation from the provisions in these Sales Terms and Conditions is only possible after written notification or approval by Amersfoort Art Gallery, in which case the other provisions remain in full force. All rights and claims, as stipulated in these Terms of Sale, and in any further agreements for the benefit of Amersfoort Art, are equally stipulated for the benefit of intermediaries and other third parties engaged by Amersfoort Art Gallery. These Terms of Sale respect the consumer’s rights under the law.
Article 4. Offers/Agreements
All offers of Amersfoort Art Galerie are without obligation, and Amersfoort Art Galerie expressly reserves the right to change prices, in particular when required by (legal) regulations. An agreement is only established after acceptance of your order by Amersfoort Art Gallery. Amersfoort Art Gallery is entitled to refuse orders or to attach certain conditions to the delivery, unless explicitly stated otherwise. If an order is not accepted, Amersfoort Art Gallery will communicate this within 15 working days of receiving the order.
Article 5. Delivery
All Amersfoort Art items are usually available for delivery well within 14 business days. However, an Amersfoort Art Gallery item may be temporarily out of stock. In that case, Amersfoort Art Gallery will hold your order. Delivery times given by Amersfoort Art Gallery are indicative only. Exceeding any delivery period does not entitle you to compensation or the right to cancel your order or dissolve the agreement, unless the exceeding of the delivery period is such that you cannot reasonably be required to maintain the agreement. In this case, you are entitled to cancel the order or rescind the agreement to the extent necessary. Delivery of the products will be made at the place and time when the products are ready for shipment to you. Amersfoort Art Gallery items are shipped in sturdy cardboard tubes/boxes. In case of damage during transport, Amersfoort Art Gallery items can be replaced, provided you notify us in writing within fourteen (14) business days of shipment, this concerns standard items such as art, sculptures, loose art posters, change frames and hanging sets. In the case of items made to the consumer’s specification, such as frames custom-made for a particular image, there is no right of return. The consumer was informed about this prior to the order and had to give his agreement.
Article 6. Prices and Payments.
The prices stated for the products and services offered are in European Euros including VAT and excluding shipping costs, unless otherwise stated or agreed upon in writing. If Amersfoort Art Gallery outsources its claim for collection, you will also be liable for collection costs, which will be at least fifteen percent (15%) of the outstanding amount, without prejudice to Amersfoort Art Gallery’s authority to claim instead the extrajudicial collection costs actually incurred. If you are in default with any payment, Amersfoort Art Gallery is entitled to suspend or dissolve (the execution of) the relevant agreement and related agreements. If the prices for the products and services offered increase in the period between the order and its execution, you are entitled to cancel the order or dissolve the agreement within seven days of notification of the price increase by Amersfoort Art Gallery.
Article 7. Retention of title
Ownership of delivered products is not transferred until you have paid everything owed to Amersfoort Art Gallery under any agreement. The risk in respect of the products already passes to you at the time of delivery.
Article 8. Intellectual and industrial property rights
You must fully and unconditionally respect all intellectual and industrial property rights and copyrights vested in the products supplied by Amersfoort Art Gallery. Amersfoort Art Gallery does not guarantee that the products delivered to you do not infringe any (unwritten) intellectual and/or industrial property rights of third parties.
Article 9. Claims and liability
You have the obligation to examine upon delivery whether the products comply with the agreement. If this is not the case, you must notify Amersfoort Art Gallery in writing, stating reasons, as soon as possible and in any case within seven (7) working days after delivery, or at least after observation was reasonably possible. If it is demonstrated that the products do not meet the agreement, Amersfoort Art Gallery has the choice of replacing the products in question with new products (excluding shipping costs) upon return, or refunding the invoice value thereof.
Article 10. Orders/Communications
Amersfoort Art Galerie is not liable for misunderstandings, mutilation, delays or improper transmission of order details and notifications resulting from the use of Internet or any other means of communication in the traffic between you and Amersfoort Art Galerie, or between Amersfoort Art Galerie and third parties, insofar as pertaining to the relationship between you and Amersfoort Art Galerie, unless and insofar as there has been intent or gross negligence by Amersfoort Art Galerie. Personal data will not be provided to third parties.
Article 11. Amersfoort Art Gallery respects and protects your privacy.
Your personal information is safe with us. We value the trust you have in our company and any personal information you give us will be treated with the utmost care and confidentiality. Amersfoort Art Gallery limits itself to registration of those data which are necessary for the settlement of the order and the communication about this with you as buyer. Under no circumstances does Amersfoort Art Gallery provide personal data to third parties. Amersfoort Art Gallery will include the information you provide in a file. Unless you have indicated that you do not appreciate this, your information will be used to tailor our products and services to your interests and to inform you about them. The processing of your data will be in accordance with applicable laws and regulations.
Article 12. Force majeure
Without prejudice to its other rights, Amersfoort Art Gallery has the right, in case of force majeure, at its own discretion, to suspend the execution of your order, or to dissolve the agreement without judicial intervention, by informing you of this in writing and without Amersfoort Art Gallery being obliged to pay any damages, unless in the given circumstances this would be unacceptable according to standards of reasonableness and fairness. By “force majeure” is meant any shortcoming which cannot be attributed to Amersfoort Art Gallery, because it is not due to its fault and neither under the law, legal act or generally accepted practice. Price changes, misprints and printing errors reserved.
Article 13. Miscellaneous
If you provide Amersfoort Art Galerie with an address in writing, Amersfoort Art Galerie is entitled to send all orders to that address, unless you provide Amersfoort Art Galerie with a different address in writing to which your orders should be sent. If deviations from these Sales Terms and Conditions have been allowed by Amersfoort Art Gallery for a short or longer period of time, tacitly or otherwise, this does not affect its right to still demand direct and strict compliance with these Sales Terms and Conditions. You can never assert any rights based on the fact that Amersfoort Art Gallery applies these Terms of Sale leniently. If one or more of the provisions of these Terms of Sale or any other agreement with Amersfoort Art Galerie should be in conflict with any applicable legal regulation, the provision in question will lapse and will be replaced by a new legally permissible comparable provision to be determined by Amersfoort Art Galerie. Amersfoort Art Gallery is authorized to use third parties in the execution of your order(s). Amersfoort Art Gallery has the right to refuse texts that You supply, as accompanying letters to the products to be delivered, in order to respect general standards and values. This is entirely at the discretion of Amersfoort Art Gallery. Responsibility and Limitation of Liability Amersfoort Art Gallery cannot guarantee that the Amersfoort Art Gallery website will operate uninterrupted or error-free.
Article 14. Applicable law and competent court
All rights, obligations, offers, orders and agreements to which these Terms of Sale apply, as well as these Terms of Sale, shall be governed exclusively by Dutch law. All disputes between the parties shall be submitted exclusively to the appropriate court in the Netherlands.
Article 15. Right of Withdrawal
You have the right to cancel your order up to 14 days after receipt without giving any reason. You have another 14 days after cancellation to return your product. You will then be credited the full order amount including shipping costs. Only the cost of return from your home to the online store is at your own expense. This cost depends on the shipment. For exact rates, check your carrier’s website. If you exercise your right of withdrawal, the product will be returned to the entrepreneur with all delivered accessories and – if reasonably possible – in its original condition and packaging. To exercise this right, please contact us at email@example.com. We will then refund the order amount due within 14 days of notification of your return provided the product has already been received back in good order.
Products you purchase through this online store are custom made to the specification you entered. Therefore, the right of withdrawal does not apply. This makes the sale final after successful payment.
Article 16. Refund policy
- If the consumer is not satisfied with a purchased product, he has the right to return this product within a maximum period of 30 days from receipt without giving reasons. This period begins the day after the consumer, or a third party designated by the consumer, receives the product.
- The consumer will return the product unused, undamaged and in its original packaging.
- If a product is returned within the aforementioned period and meets the set conditions, Amersfoort Art Gallery will refund the purchase price, excluding any shipping costs for return shipment, as soon as possible and at the latest within 14 days after receipt of the returned product.
- The direct cost of returning the product shall be borne by the consumer, unless expressly agreed otherwise.
- Amersfoort Art Gallery may delay reimbursement until the product has been received in good condition or until the consumer has demonstrated that he has returned the product, whichever is earlier.
2. What data do we collect?
- Name and contact information.
- Data about your visits to our website and the content you view.
- Other data you voluntarily provide while using our website.
3. How do we use your data?
- To provide and improve our website and services.
- To communicate with you about our services.
- For marketing purposes, if you have given permission.
4. With whom do we share your data?
We do not share your information with third parties unless necessary to provide our services or when we are required by law to do so.
5. How do we protect your data?
We take appropriate technical and organizational measures to protect your data from unauthorized access, use, loss or disclosure.
6. Your rights
You have the right to access, correct, delete or limit the processing of your data. Please contact us if you wish to exercise these rights.