Voorwaarden - Galerie Terbeek

Terms and conditions
Article 1 - Definitions
Article 2 - Identity of the trader
Article 3 - Applicability
Article 4 - The offer
Article 5 - The contract
Article 6 - Right of withdrawal
Article 7 - Consumer obligations during the withdrawal period
Article 8 - Execution of the right of withdrawal by the consumer and related costs
Article 9 - Trader obligations regarding withdrawal
Article 10 - Preclusion from right of withdrawal
Article 11 - The price
Article 12 - Conformity and warranty
Article 13 - Delivery and execution
Article 14 - Payment
Article 15 - Complaint regulations
Article 16 - Disputes
Article 17 - Additional or divergent regulations

Article 1 - Definitions
The following definitions apply in these terms and conditions:

1.1 Withdrawal period: the period within which the consumer can make use of his right of withdrawal.

1.2 Consumer: the natural person whose action is not within the course of a profession or business and who enters into a distance contract with the trader.

1.3 Day: calender day.

1.4 Digital content: data that is produced and supplied in digital form.

1.5 Durable medium: every means - including email - that enables the consumer or trader to store information that is addressed to him personally in a way that facilitates future use or consultation during a period that is in keeping with the objective for which the information is intended, and which facilitates the unaltered reproduction of the stored information.

1.6 Right of withdrawal: the possibility for the consumer to waive the distance contract within the withdrawal period.

1.7 Trader: the natural or legal person who offers products, (access to) digital content and/or services to consumers from a distance.

1.8 Distance contract: a contract concluded between the trader and the consumer within the framework of system organized for the distance sale of products, digital content and/or services, whereby sole or partly use is made of one or more techniques for distance communication up to and including the moment that the contract is concluded.

1.9 Technique for distance communication: means that can be used for concluding a contract, without the consumer and trader being in the same place at the same time.

Article 2 - Identity of the trader
Gallery Terbeek
Hoofdstraat 42
9244 CN Beetsterzwaag
Netherlands
Telephone number: +31 (0)653666921
Email address: info@galerieterbeek.nl
Company registration number: 02328688
VAT-number: 036267600 B 01

Article 2 - Website Accuracy
2.1 We will attempt to ensure that the information available on the website at any time is accurate. However we are not responsible for any errors or omissions. We will use all reasonable endeavours to correct errors and omissions as quickly as possible upon becoming aware or being notified of these.

2.2 Whilst we attempt to be as accurate as possible with the specifications of the artwork offered for sale we are not responsible for any inaccuracies like spelling mistakes or price inaccuracies. Where artwork has been misdescribed in error your consumer rights are fully reserved and you will be refunded in full where payment has already been received.

Article 3 - Applicability
3.1 These terms and conditions apply to every offer made by the trader and to every distance contract that has been realized between the trader and the consumer.

3.2 Prior to the conclusion of a distance contract, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, in which way the terms and conditions are available for inspection at the trader’s premises and that they will be sent free of charge to the consumer, as soon as possible, at the consumer’s request.

3.3 If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the consumer may be provided with the text of these terms and conditions electronically, in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, then before concluding the distance contract, the trader will indicate where the terms and conditions can be inspected electronically and that at his request they will be sent to the consumer free of charge, either electronically or in some other way.

3.4 In cases where specific product or service-related terms and conditions apply in addition to these terms and conditions, the second and third paragraphs apply by analogy and the consumer can always invoke the applicable condition that is most favorable to him in the event of incompatible terms and conditions.

Article 4 - The offer
4.1 If an offer is subject to a limited period of validity or is made subject to conditions, this will be explicitly mentioned in the offer.

4.2 The offer contains a complete and accurate description of the products, digital content and/or services being offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader makes use of illustrations, these will be a true representation of the products, service and/or digital content being offered. The trader is not bound by obvious errors or mistakes in the offer.

4.3 Every offer contains information that makes it clear to the consumer what rights and obligations are related to the acceptance of the offer.

Article 5 - The contract
5.1 The contract will be concluded, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and the conditions thereby stipulated have been fulfilled.

5.2 If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. The consumer can dissolve the contract as long as this acceptance has not been confirmed by the trader.

5.3 If the contract is concluded electronically, the trader will take suitable technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer is able to pay electronically, the trader will take suitable security measures.

5.4 The trader may obtain information – within statutory frameworks – about the consumer’s ability to fulfill his payment obligations, as well as about facts and factors that are important for the responsible conclusion of the distance contract. If that research gives the trader proper grounds for declining to conclude the contract, then he has a right, supported by reasons, to reject an order or application or to bind its implementation to special conditions.

5.5 The trader will send to the consumer, at the latest when delivering a product, service and/or digital content, the following information, in writing, or in such a way that the consumer can store it on an accessible durable medium:

a. the office address of the trader’s business location where the consumer can lodge complaints;
b. the conditions under which the consumer can make use of the right of withdrawal and the method for doing so, or a clear statement relating to preclusion from the right of withdrawal;
c. the information on guarantees and existing after-sales service;
d. the price, including all taxes on the product, service and/or digital content; the costs of delivery insofar as applicable, and the method of payment, delivery or implementing of the distance contract;
e. if the consumer has a right of withdrawal, the model form for withdrawal.

5.6 In case of an extended duration contract, the stipulation in the previous paragraph applies only to the first delivery.

Article 6 - Right of withdrawal
6.1 The consumer has the right to dissolve a contract, regarding the purchase of a product, without giving reasons, within 14 days. The trader is allowed to ask the consumer for the reason of this dissolution, but the consumer is under no obligation to state his/her reason(s).

6.2 The period stipulated in paragraph 1 commences on the day after the product was received by the consumer, or a third party designated by the consumer, who is not the transporting party, or:

a. if the consumer has ordered several products: the day on which the consumer, or a third party designated by the consumer, received the last product. The trader may refuse a single order for several products with different delivery dates, provided he clearly informed the consumer of this prior to the ordering process;
b. if the delivery of a product involves different deliveries or parts: the day on which the consumer, or a third party designated by the consumer, received the last delivery or the last part;
c. with contracts for the regular delivery of products during a given period: the day on which the consumer, or a third party designated by the consumer, received the first product.
d. If the consumer wants to return the product 10% will be withdrawn from the original price for administration costs.

Article 7 - Consumer obligations during the withdrawal period
7.1 During the withdrawal period, the consumer shall treat the product and its packaging with care. He shall only unpack or use the product as far as necessary in order to assess the nature, characteristics and efficacy of the product. The reference point here is that the consumer may only handle and inspect the product in the same way that he would be allowed in a shop.

7.2 The consumer is only liable for the product’s devaluation that is a consequence of his handling the product other than as permitted in paragraph 1.

7.3 The consumer is not liable for the product’s devaluation if the trader did not provide him with all the statutorily obligatory information about the right of withdrawal before the contract was concluded.
7.4 Under no way or circumstances copies of the art works can be made, drawn or photographed with the use of reproduction.

7.5 Returning the product must be done in the original safe packaging so the work of art will not be damaged during transport.

Article 8 - Execution of the right of withdrawal by the consumer and related costs
8.1 The consumer who wants to exercise his right of withdrawal shall report this to the trader, within the withdrawal period, by means of the model form for right of withdrawal or in some other unequivocal way.

8.2 As soon as possible, but within 14 days after the day of reporting as referred to in paragraph 1, the consumer shall return the product, or hand it over to (a representative of) the trader. The consumer will in any case have complied with the time for returning goods if he sends the product back before the withdrawal period has lapsed.

8.3 The consumer returns the product with all relevant accessories, in the original state and packaging, and in accordance with the reasonable and clear instructions provided by the trader.
The consumer must use the same packing material and make sure that the product will not be damaged when returned. Within Europe the Company will pay for sending back. Outside Europe the consumer will have to pay for returning the product.

8.4 The risk and the burden of proof for exercising the right of withdrawal correctly and in time rest upon the consumer.

8.5 The consumer bears the direct and the complete costs of returning the product.

8.6 If the consumer exercises his right of withdrawal, all supplementary contracts are legally dissolved.

Article 9 - Trader obligations regarding withdrawal
9.1 If the trader makes it possible for the consumer to declare his withdrawal via electronic means, then after receiving such a declaration, he immediately sends a confirmation of receipt.

9.2 The trader reimburses the consumer with all payments, including any delivery costs the trader charged for the returned product.

9.3 The trader will reimburse the consumer within 14 days, following the day on which the trader has received the returned product - 10% administration costs.

Article 10 - Conformity and warranty
10.1 The trader guarantees that the products, digital content and/or services meet the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory stipulations and/or government regulations that existed on the date that the contract was concluded. If agreed the trader also guarantees that the product is suited for other than normal designation.

10.2 An extra warranty arrangement offered by the trader, manufacturer or importer can never affect the statutory rights and claims that a consumer can enforce against the trader on the grounds of the contract.

10.3 The right of warranty is cancelled in case of excessive use and/or damaging of the product by the consumer, the not following of instructions by the consumer and/or when a consumer has attempted to repair the product themselves.

Article 11 - Delivery and execution
11.1 The trader will be utmost precise in receiving and executing product orders and in the assessment of requests for providing services.

11.2. Place of delivery will be the address as provided to the trader by the consumer.

11.3 Taking note of what is mentioned in article 4 of these terms and conditions, the trader will execute accepted orders in a timely fashion, but no later than 2 workdays after receiving payment, unless otherwise agreed upon.

11.4 After termination of the contract in accordance with the previous paragraph the trader will immediately refund the paid amount to the consumer.

11.5 The risk of damaged and/or missing products lies with the trader until the moment of delivery to the consumer or a previously appointed, and known to the trader, representative of the consumer, unless explicitly agreed upon otherwise.

11.6 Returning the object has to be done in the original pacing.

11.7 10% will be withdrawn for administration costs of the original price.

Article 12 - Payment
12.1 The consumer is able to pay using the options presented to him during the ordering process.

12.2 After the payment is complete the consumer will receive a confirmation email.

12.3 In case the consumer chooses to pay for the order through bank transfer, the payment needs to be received in full by the trader within 5 workdays after placing the order. Ordered products, digital content and/or services will be reserved for the consumer during this period.

12.4 The consumer is obligated to report any incorrectness in provided or mentioned payment records to the trader as soon as possible.

Article 13 - Complaint regulations
13.1 Complaints about the execution of the contract need to be presented to the trader in written form, via email, the contact form or the trader’s postal address.

13.2 Complaints about the execution of the contract need to be presented to the trader in a clear and comprehensive manner within reasonable time after noticing the defects.

13.3 Complaints known to the trader will be responded to within 14 days after receiving them. In case the resolution of the complaint is foreseen to take longer than this amount of time, the trader will reply to the consumer within these 14 days to make known that he has received the complaint, giving an estimate on when the consumer can expect a more thorough answer.

Article 14 - Disputes
14.1 Solely Dutch law is applicable to contracts between trader and consumer that these terms and conditions refer to.

14.2 Disputes can be presented to an authorized judge in the Netherlands.

Article 15 - Additional or divergent regulations
15.1 Regulations that are either additions or diversions from these terms and conditions can not be at a disadvantage to the consumer and need to be recorded in writing in such a way that the consumer can easily store them on a durable medium.

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