Terms & Conditions
General (sale) terms and conditions of Amersfoort Art Gallery and related websites.
In these general conditions the following terms are used in the following meaning, unless explicitly stated otherwise.
User: the user of the general conditions;
The consumer: a counterpart who is a natural person and does not act in the exercise of a business or profession;
Agreement: the agreement between the user and the consumer;
Consumers buy: the purchase and sale contract with regard to a movable property, which is concluded by a vendor acting in the exercise of a profession or business, and a consumer, natural person, who does not act in the exercise of a profession or business.
These terms and conditions apply to every offer, quotation and agreement between the user and a consumer to which the user has declared these terms and conditions applicable, as the parties have not expressly deviated from these conditions in writing.
All offers, orders and agreements of Amersfoort Art Gallery are subject to these General Terms and Conditions of Sale (hereinafter: “Terms and Conditions of Sale”) to the exclusion of any other general terms and conditions. Accepting an offer or placing an order means that you accept the applicability of these Terms and Conditions. The provisions of these Terms and Conditions of Sale can only be deviated from after written notification or approval by Amersfoort Art Gallery, in which case the other provisions will remain in full force. All rights and claims as stipulated in these Terms and Conditions of Sale and in any further agreements for Amersfoort Art are also stipulated for the benefit of intermediaries and other third parties engaged by Amersfoort Art Gallery. These Terms and Conditions of Sale respect the rights of the consumer arising from the law.
4. Offers and Agreements
All offers from Amersfoort Art Gallery are free of obligation and Amersfoort Art Gallery explicitly reserves the right to change the prices, in particular when this is necessary on the grounds of (legal) regulations. An agreement is only concluded 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 expressly provided otherwise. If an order is not accepted, Amersfoort Art Gallery will notify this within 15 working days after receipt of the order.
All Amersfoort Art items are usually available within 14 working days. However, it is possible that an Amersfoort Art Gallery article is temporarily out of stock. In that case Amersfoort Art Gallery will keep your order. The delivery times stated by Amersfoort Art Gallery are only indicative. Exceeding any delivery term does not entitle you to compensation, nor the right to cancel your order or to dissolve the agreement, unless the exceeding of the delivery period is such that you can not reasonably be required to maintain the agreement. In that case you are entitled to cancel the order or to dissolve the agreement insofar as this is necessary. The delivery of the products takes place at the place and time at which the products are ready for shipment to you. Amersfoort Art Gallery items are sent in sturdy cardboard tubes / boxes. In case of damage during transport Amersfoort Art Gallery articles can be replaced, provided you inform us in writing within fourteen (14) working days after the shipment, this concerns standard items such as art, images, loose art posters, exchange frames and picture hanging systems. In the case that the articles are made on specification of the consumer, such as the frames that are made-to-measure for a certain image, there is no right of return. The consumer was informed about this prior to the order and must give his agreement on this.
6. Prices and Payments.
The prices stated for the products and services offered are in European Euro’s including VAT and excluding shipping costs, unless otherwise stated or agreed in writing. If Amersfoort Art Gallery subcontracts its claim for collection, you will also owe the collection costs, which are at least fifteen percent (15%) of the outstanding amount, without prejudice to the authority of Amersfoort Art Gallery to claim the actual extrajudicial collection costs instead. 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 offered products and services increase in the period between the order and the execution thereof, you are entitled to cancel the order or dissolve the agreement within seven days after notification of the price increase by Amersfoort Art Gallery.
7. Reservation of ownership
The ownership of the delivered products is only transferred if you have paid everything that is due to Amersfoort Art Gallery pursuant to any agreement. The risk with regard to the products already passes to you at the moment of delivery.
8. Intellectual and industrial property rights
You must fully and unconditionally respect all intellectual and industrial property rights and copyright that rest on the products delivered by Amersfoort Art Gallery. Amersfoort Art Galerie does not guarantee that the products delivered to you do not infringe on any (unwritten) intellectual and / or industrial property rights of third parties.
9. Complaints and liability
You have the obligation to examine at delivery whether the products meet the agreement. If this is not the case, you must inform Amersfoort Art Galerie as soon as possible and in any case within seven (7) working days after the delivery, at least after observation was reasonably possible, in writing and with motivated knowledge. If it is shown that the products do not comply with the agreement, Amersfoort Art Gallery has the choice to replace the products concerned with new products (excluding shipping costs) or to refund the invoice value.
10. Orders / communication
For misunderstanding, mutilation, delays or inadequate transmission of order data and announcements as a result of the use of the Internet or any other means of communication in traffic between you and Amersfoort Art Gallery, or between Amersfoort Art Gallery and third parties, insofar as they relate to the relationship between you and Amersfoort Art Gallery, Amersfoort Art Gallery is not liable, unless and insofar as there is intent or gross negligence by Amersfoort Art Gallery. Personal data are not provided to third parties.
11. Amersfoort Art Gallery respects and protects your privacy.
Your personal information is safe with us. We attach great importance to the trust you have in our company and all personal information you give us is treated with the utmost care and confidentiality. Amersfoort Art Gallery limited view to registration of the data necessary for the settlement of the order and communication with you as buyer. Amersfoort Art Gallery does not provide personal data to third parties under any circumstances. Amersfoort Art Gallery will record the information you provide in a file. Unless you have indicated that you do not appreciate this, your data will be used to tailor our products and services to your interests and to inform you about this. The processing of your data will take place in accordance with applicable laws and regulations.
12. Force majeure
Without prejudice to the other rights to which it is entitled, Amersfoort Art Gallery is entitled in case of force majeure to suspend the execution of your order at its own discretion, or to dissolve the agreement without judicial intervention, such by informing you in writing. and this without Amersfoort Art Gallery being obliged to pay any compensation, unless this would be unacceptable in the circumstances to the standards of reasonableness and fairness. “Force majeure” means any shortcoming which can not be attributed to Amersfoort Art Gallery because it is not due to its fault and is not for its account under the law, legal act or generally accepted in traffic.
If you inform Amersfoort Art Galerie in writing about an address, Amersfoort Art Gallery is entitled to send all orders to that address, unless you give Amersfoort Art Galerie a written notice of another address to which your orders should be sent. If Amersfoort Art Gallery permits deviations from these Terms and Conditions for a short or longer period of time, tacitly or otherwise, this shall not affect its right to demand immediate and strict compliance with these Terms and Conditions of Sale. You can never assert any right on the grounds that Amersfoort Art Gallery applies these Terms and Conditions smoothly. If one or more of the provisions of these Terms and Conditions of Sale or any other agreement with Amersfoort Art Galerie should be in conflict with any applicable legal provision, the provision in question will lapse and will be replaced by a new legal right to be determined by Amersfoort Art Gallery. allowable comparable provision. Amersfoort Art Gallery is authorized to use third parties in the execution of your order (s). Amersfoort Art Gallery is entitled to refuse texts that You provide, as an accompanying letter to the products to be delivered, in order to respect the general norms and values. This entirely at the discretion of Amersfoort Art Gallery. Responsibility and limitation of liability Amersfoort Art Galerie can not guarantee that the Amersfoort Art Gallery website will function without interruption or error.
14. Applicable law and competent court
All rights, obligations, offers, orders and agreements to which these Sales Terms and Conditions apply, as well as these Terms and Conditions of Sale, are governed exclusively by Dutch law. All disputes between parties will only be submitted to the competent court in the Netherlands.