GENERAL TERMS AND CONDITIONS Artgallery Arterego
1. Art gallery Arterego: Nicolai Enterprises, established in Amsterdam under Chamber of Commerce no. 75473097.
2. Customer: the person with whom Arterego has entered into an agreement.
3. Parties: Arterego and customer together.
4. Consumer: a customer who is also an individual and who acts as a private person.
Applicability of general terms and conditions
1. These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Kunstgalerie Arterego.
2. Parties can only deviate from these terms and conditions if they have expressly agreed in writing.
3. The parties explicitly exclude the applicability of additional and / or deviating general terms and conditions of the customer or third parties.
1. All prices that Kunstgalerie Arterego uses are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel, shipping or transport costs, unless explicitly stated otherwise or agreed otherwise.
2. All prices on which Kunstgalerie Arterego uses for its products or services, on its website or that are otherwise made known, Kunstgalerie Arterego can change at any time.
3. Increases in the cost prices of products or parts thereof, which Kunstgalerie Arterego could not foresee at the time of making the offer or the conclusion of the agreement, may give rise to price increases.
4. The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.
If the customer has received a sample or model of a product, then he cannot derive any rights from it other than that it is an indication of the nature of the product, unless the parties have explicitly agreed that the products to be delivered correspond with the sample or model. .
Consequences not paying on time
1. If the customer does not pay within the agreed term, Kunstgalerie Arterego is entitled to charge interest of 1% per month from the day the customer is in default, whereby part of a month is counted as a whole month.
2. If the customer is in default, he will also owe extrajudicial collection costs and any compensation to Kunstgalerie Arterego.
3. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
4. If the customer does not pay on time, Kunstgalerie Arterego may suspend its obligations until the customer has fulfilled his payment obligation.
5. In the event of liquidation, bankruptcy, seizure or suspension of payment on the part of the customer, the claims of Kunstgalerie Arterego on the customer are immediately due and payable.
6. If the customer refuses to cooperate with the execution of the agreement by Kunstgalerie Arterego, he is still obliged to pay the agreed price to Kunstgalerie Arterego.
Right of Complaint
1. As soon as the customer is in default, Kunstgalerie Arterego is entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer.
2. Kunstgalerie Arterego invokes the right of complaint by means of a written or electronic communication.
3. As soon as the customer has been informed of the invoked right to complain, the customer must immediately return the products to which this right relates to Kunstgalerie Arterego, unless the parties make different arrangements.
4. The costs for the return or return of the products are for the account of the customer.
Right of withdrawal 1. A consumer can cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that: • the product has not been used • it is not a product that can spoil quickly, such as food or flowers • it is not a product that is specially tailored or adapted for the consumer • it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.) • the seal is still intact, if it concerns data carriers with digital content (DVDs, CDs) , etc.) • the product is not a travel, transport ticket, catering order or form of leisure activities • the product is not a separate magazine or newspaper • it is not an (order for) urgent repair • the consumer has not waived his right of withdrawal2. The reflection period of 14 days as referred to in paragraph 1 commences: o on the day after the consumer has received the last product or part of 1 order o as soon as the consumer has received the first product with a subscription o as soon as the consumer receives a service for the first time purchased o as soon as the consumer has confirmed that he will purchase digital content via the internet3. The consumer can make his appeal to the right of withdrawal known via email@example.com, if desired using the withdrawal form that can be downloaded via the website of Kunstgalerie Arterego, www.arterego.nl. 4. The consumer is obliged to return the product to Kunstgalerie Arterego within 14 days after the notification of his right of withdrawal, failing which his right of withdrawal will lapse. 5. The costs for returning are only for the account of Kunstgalerie Arterego if the entire order is returned. If the purchase costs and any other costs (such as shipping and return costs) qualify for reimbursement by law, Kunstgalerie Arterego will reimburse these costs to the consumer within 14 days after receipt of the timely appeal to the right of withdrawal, on the condition that the consumer has returned the product to Kunstgalerie Arterego on time.
Right of suspension
Unless the customer is a consumer, the customer waives the right to suspend performance of any obligation arising from this agreement.
Right of retention 1. Kunstgalerie Arterego can invoke its right of retention and in that case retain the customer’s products until the customer has paid all outstanding invoices with regard to Kunstgalerie Arterego, unless the customer has provided sufficient security for those costs. 2. The right of retention also applies on the basis of previous agreements from which the customer still owes payments to Kunstgalerie Arterego. 3. Kunstgalerie Arterego is never liable for any damage that the customer may possibly suffer as a result of making use of his right of retention.
Unless the customer is a consumer, the customer waives his right to set off a debt to Kunstgalerie Arterego against a claim on Kunstgalerie Arterego.
Retention of title 1. Kunstgalerie Arterego remains the owner of all delivered products until the customer has fully complied with all his payment obligations towards Kunstgalerie Arterego on the basis of any agreement concluded with Kunstgalerie Arterego, including claims regarding shortcomings in performance. 2. Until then, Kunstgalerie Arterego can invoke its retention of title and take back the goods. 3. Before ownership has passed to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products. 4. If Kunstgalerie Arterego invokes its retention of title, the agreement will be deemed to have been dissolved and Kunstgalerie Arterego has the right to claim compensation, lost profit and interest.
Delivery 1. Delivery takes place while stocks last.2. Delivery takes place at Kunstgalerie Arterego, unless the parties have agreed otherwise. 3. Delivery of products ordered online takes place at the address indicated by the customer. 4. If the agreed amounts are not paid or not paid on time, Kunstgalerie Arterego has the right to suspend its obligations until the agreed part has been paid. 5. In case of late payment, there is a default of creditors, with the result that the customer cannot object to a late delivery against Kunstgalerie Arterego.
Delivery time 1. The delivery times stated by Kunstgalerie Arterego are indicative and do not entitle the customer to dissolution or compensation if they are exceeded, unless the parties have explicitly agreed otherwise in writing. The delivery time commences when the customer has fully completed the (electronic) ordering process and has received (electronic confirmation) from Kunstgalerie Arterego. Exceeding the specified delivery time does not entitle the customer to compensation or the right to terminate the agreement, unless Kunstgalerie Arterego cannot deliver within 14 days after being reminded in writing or the parties have agreed otherwise.
The customer must ensure that the actual delivery of the products ordered by him can take place on time.
Transport costs are at the expense of the customer, unless the parties have agreed otherwise.
Packaging and shipping 1. If the packaging of a delivered product is opened or damaged, the customer must, before receiving the product, have a note drawn up by the forwarder or delivery person, failing which Kunstgalerie Arterego cannot be held liable for any damage. 2. If the customer himself arranges for the transport of a product, he must report any visible damage to products or the packaging to Kunstgalerie Arterego prior to transport, in the absence of which Kunstgalerie Arterego cannot be held liable for any damage.
Storage 1. If the customer does not purchase the ordered products until later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.2. Any additional costs as a result of premature or late purchase of products are entirely at the expense of the customer.
Warranty 1. The warranty with regard to products applies only to defects caused by faulty manufacture, construction or material. 2. The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, as well as when the cause of the defect cannot be clearly determined.3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties transfers to the customer at the time when they are legally and / or actually delivered, or at least come under the control of the customer or a third party who receives the product on behalf of the customer.
The customer indemnifies Kunstgalerie Arterego against all claims from third parties related to the products and / or services delivered by Kunstgalerie Arterego.
Complaints 1. The customer must examine a product or service provided by Kunstgalerie Arterego as soon as possible for any shortcomings. 2. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Kunstgalerie Arterego of this as soon as possible, but in any case within 1 month after discovery of the shortcomings. 3. Consumers must inform Kunstgalerie Arterego of this within 2 months after discovery of the shortcomings.4. The customer will provide a description of the shortcoming that is as detailed as possible, so that Kunstgalerie Arterego is able to respond adequately. 5. The customer must demonstrate that the complaint relates to an agreement between the parties. If a complaint relates to ongoing work, this cannot in any case lead to Kunstgalerie Arterego being obliged to perform other work than agreed.
Notice of default 1. The customer must make notice of default known in writing to Kunstgalerie Arterego. 2. It is the responsibility of the customer that a notice of default actually reaches Arterego Art Gallery (on time).
Joint and several liability of the customer
If Kunstgalerie Arterego enters into an agreement with several customers, each of them is jointly and severally liable for the full amounts that they owe to Kunstgalerie Arterego on the basis of that agreement.
Liability Art Gallery Arterego 1. Kunstgalerie Arterego is only liable for any damage suffered by the customer if and insofar as this damage is caused by intent or deliberate recklessness. 2. If Kunstgalerie Arterego is liable for any damage, it is only liable for direct damage arising from or related to the performance of an agreement.3. Kunstgalerie Arterego is never liable for indirect damage, such as consequential damage, lost profit, missed savings or damage to third parties. 4. If Kunstgalerie Arterego is liable, this liability is limited to the amount that is paid out by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount on which the liability relates. 5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and only approximate and can not give rise to compensation and / or (partial) dissolution of the agreement and / or suspension of any obligation.
Any right of the customer to compensation from Kunstgalerie Arterego will in any case lapse 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of article 6:89 of the Dutch Civil Code.
Right to cancel 1. The customer has the right to dissolve the agreement if Kunstgalerie Arterego imputably fails to fulfill its obligations, unless this shortcoming does not justify termination in view of its special nature or minor significance. 2. If the performance of the obligations by Kunstgalerie Arterego is not permanent or temporarily impossible, dissolution can only take place after Kunstgalerie Arterego is in default. 3. Kunstgalerie Arterego has the right to dissolve the agreement with the customer if the customer does not fully or not timely fulfill his obligations under the agreement, or if Kunstgalerie Arterego has taken cognizance of circumstances that give it good grounds to fear that the customer will not be able to properly fulfill its obligations.
Force majeure 1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, a shortcoming of Kunstgalerie Arterego in the fulfillment of any obligation towards the customer cannot be attributed to Kunstgalerie Arterego in a situation independent of the will of Kunstgalerie Arterego, as a result of which the fulfillment of his obligations towards the customer is wholly or partially prevented or as a result of which the fulfillment of his obligations cannot reasonably be expected of Kunstgalerie Arterego. 2. The force majeure situation referred to in paragraph 1 also includes – but is not limited to -: a state of emergency (such as civil war, uprising, riots, natural disasters, etc.); defaults and force majeure on the part of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transportation problems, bad weather and work stoppages. 3. If a force majeure situation arises as a result of which Kunstgalerie Arterego cannot fulfill one or more obligations towards the customer, then those obligations will be suspended until Kunstgalerie Arterego can meet them again. 4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part. 5. Kunstgalerie Arterego does not owe any (damage) compensation in a situation of force majeure, even if it enjoys any advantage as a result of the force majeure situation.
Amendments to the agreement
If, after the conclusion of the agreement for its implementation, it appears necessary to change or supplement its content, the parties will adjust the agreement accordingly in good time and in mutual consultation.
Changes to general terms and conditions 1. Kunstgalerie Arterego is entitled to amend or supplement these general terms and conditions. 2. Changes of minor importance can be made at any time. 3. Art gallery Arterego will discuss major substantive changes with the customer as much as possible in advance. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.
Transfer of rights 1. Rights of the customer under an agreement between the parties cannot be transferred to third parties without the prior written consent of Kunstgalerie Arterego. 2. This provision applies as a clause with property law effect as referred to in Article 3:83, second paragraph, of the Dutch Civil Code.
Consequences of nullity or voidability 1. If one or more provisions of these general terms and conditions turn out to be invalid or voidable, this will not affect the other provisions of these terms and conditions. 2. A provision that is null and void or voidable will in that case be replaced by a provision that comes closest to what Kunstgalerie Arterego had in mind when drawing up the conditions on that point.
a Applicable law and competent court 1. Dutch law is exclusively applicable to every agreement between the parties. 2. The Dutch court in the district where Kunstgalerie Arterego is located / has a practice / office has exclusive jurisdiction to hear any disputes between the parties, unless the law requires otherwise.
Prepared on 01 August 2018.