Terms and Conditions
Article 1 - General These General Terms and Conditions apply to any use of the website www.dekunsthandel.nl (hereinafter: Website) and to all offers and quotations from the Kunsthandel (hereinafter referred to as KH) and to all agreements concluded between you and the Kunsthandel .
Article 2 - Offers 2.1 All offers from KH are without obligation, unless explicitly stated otherwise. 2.2 Offers do not automatically apply to repeat orders. 2.3 KH cannot be held to its offers if you could reasonably have understood that the offer contains an obvious mistake or clerical error.
Article 3 - Information 3.1 You must ensure that the information you are required to provide, including, but not limited to, e-mail address, address details and bank account number, are complete, correct and current. 3.2 KH guarantees that your data will be treated with the utmost care and that this data will not be passed on, resold or otherwise made available to third parties without your prior consent. Read the privacy statement for more information.
Article 4 - Establishment of the agreement 4.1 You guarantee that you are legally authorized to conclude an agreement with KH. 4.2 The agreement is concluded if you order a product via the Website when KH confirms your order. 4.3 Changing an agreement is only possible if this has been explicitly accepted by KH.
Article 5 - Delivery 5.1 The order will be delivered to your home, unless you have indicated that the order should be delivered to a different delivery address. In case of shipment of the order, KH strives to deliver the order to you within 5 working days, provided the delivery address is in the Netherlands. 5.2 You are obliged to purchase the ordered products at the moment they are made available to you. 5.3 If you refuse the purchase or are negligent in providing information or instructions necessary for the delivery, the products intended for the delivery will be stored at your risk and expense.
Article 6 - Risk during transport During the transport of the products, KH will bear the risk in case of damage, theft or loss of the products. This risk will pass to you at the time of delivery of the products.
Article 7 - Cooling-off period private 7.1 If you, as a private individual (not a professional party), order a product via the Website, you are entitled to dissolve the agreement within 14 days after receipt of the product concerned, without giving any reason. KH will then return the amount paid by you within 14 days of receipt of the returned product, provided that the product in question is in its original condition, undamaged and complete and has the original packaging. 7.2 The costs of sending the product concerned are for your own account.
Article 8 - Warranty / Complaints 8.1 KH declares that the products to be delivered meet the specifications given on the Website to the best of its knowledge. 8.2 You are obliged to inspect the delivered product at the time of delivery, but in any case within the shortest possible period. In doing so, you should investigate whether the quality of the delivered goods corresponds to what has been agreed, or at least meets the requirements that apply in normal (trade) traffic and the specifications stated on the website. 8.3 Immediately upon receipt of the product you ordered, you must examine this product and report any defects on the carrier's bill of lading. Any defects that are not immediately visible must be reported to KH in writing or by e-mail within 14 days after delivery. KH will ensure that the amount paid by you will be returned within 30 days of receipt of the relevant products.
Article 9 - Retention of title KH remains the full owner of the delivered product until the purchase price has been paid in full.
Article 10 - Prices and payment 10.1 The prices stated on the KH Website include 21% VAT, unless stated otherwise. 10.2 A contribution to the handling, packaging and shipping costs will be reported to you separately, prior to the time of ordering. This contribution depends on the nature of the product, such as size, weight and place of delivery. 10.3 KH will only deliver the product when it has received payment for it, unless you purchase on account with the prior consent of KH.
Article 11 - Price change KH reserves the right to change the prices of its products in the meantime.
Article 12 - Collection costs If you fail to meet your payment obligations, KH can not only claim statutory interest on the amount owed, but also all reasonable costs that KH must incur to obtain its claim out of court. The collection costs are set at at least 15% of the principal sum; if KH can demonstrate that it has had to incur higher costs, these will also qualify for reimbursement.
Article 13 - Intellectual property rights 13.1 The (intellectual property) rights with regard to the Website, including the rights to the texts, images, design, data files, photos and other (still and / or moving) images and brands (including domain names) and other materials, are vested in KH, its licensors and / or third parties to whom KH is not affiliated. 13.2 You may not make (parts of) the website available to third parties in any way and / or reproduce it other than by downloading and viewing it on a single computer and / or printing one hard copy.
Article 14 - Liability 14.1 If products delivered by KH are defective, KH's liability towards you is limited to what is regulated in these General Terms and Conditions under Article 8 (Guarantees / complaints). 14.2 The liability of KH towards you is in any case limited to direct damage up to an amount equal to the purchase price of the defective product, unless the damage is due to improper or improper use by yourself or by third parties to whom have made the relevant products available to you. 14.3 Any liability of KH towards you for indirect damage, including but not limited to consequential damage, loss of profit and loss of turnover, is excluded. 14.4 KH hereby also excludes any liability for any damage whatsoever, direct and / or indirect, in any way caused by and / or arising from the inability to use the Website, the fact that certain information on the Website is incorrect, incomplete or not. is current, advice given by KH employees, the fact that you cannot use the products ordered by you for the purposes desired by you and the unlawful use of KH's systems, including the Website, by a third party.
Article 15 - Force majeure The parties are not obliged to fulfill any obligation if they are prevented from doing so as a result of a circumstance that cannot be attributed to their fault, and is not accountable for by law, a legal act or generally accepted views.
Article 16 - References The Website may contain references (for example by means of a hyperlink, banner or button) to the websites of third parties. KH has no control over these websites. KH is not responsible for the content of these websites.
Article 17 - Miscellaneous 17.1 The administration of KH applies, unless proof to the contrary, as proof of the orders you have placed. You acknowledge that electronic communications can serve as evidence. 17.2 KH is entitled to transfer the rights and obligations under the agreement with you by a single notification to you to a third party. 17.3 If and insofar as any provision of the General Terms and Conditions is declared invalid or destroyed, the other provisions of these General Terms and Conditions will remain in full force. KH will then determine a new provision to replace the invalid / nullified provision, whereby the purport of the invalid / nullified provision will be observed as much as possible. 17.4 These General Terms and Conditions can be amended by KH at any time. KH therefore recommends that you regularly review the General Terms and Conditions.
Article 18 - Applicable law and competent court Dutch law is applicable to these General Terms and Conditions. Any disputes arising from this or in any way related to the agreement concluded by you with KH must be submitted to the competent court in Amsterdam.