TERMS AND CONDITIONS

Article 1 – Definitions

In these terms and conditions the following definitions apply:

Reflection period: the period within which the consumer can make use of his right of withdrawal;

Consumer: the natural person who does not act in the course of a profession or business and who enters into a distance contract with the entrepreneur;

Day: calendar day;

Duration transaction: a distance contract with regard to a series of products and/or services, of which the delivery and/or purchase obligation is spread over time;

Durable data carrier: any means that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that allows future consultation and unaltered reproduction of the stored information.

Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;

Model form: the model form for withdrawal that the entrepreneur makes available that a consumer can fill in when he wants to make use of his right of withdrawal.  

Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;

Distance contract: an agreement in which, in the context of a system organized by the entrepreneur for the distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;

Technique for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur meeting simultaneously in the same room.

Article 2 – Identity of the entrepreneur

Art Empire

Ferry Square 8A

3331LE Zwijndrecht

0624299264

Info@art-empire.nl

Chamber of Commerce   24390901

VAT  NL180728489B01

BANK NL42RABO0120183366

Article 3 – Applicability  

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders concluded between the entrepreneur and consumer.

Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and they will be sent free of charge as soon as possible at the request of the consumer.

If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can can be stored in a simple way on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.

In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions. is.

If one or more provisions in these general terms and conditions are at any time wholly or partially void or destroyed, the remainder of the agreement and these terms and conditions will remain in force and the relevant provision will be replaced in mutual consultation without delay by a provision that purports to of the original as closely as possible.

Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.

Article 4 – The offer

If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.

The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.

All images, specifications data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.

Images accompanying products are a true representation of the products offered. Entrepreneur cannot guarantee that the displayed colors correspond exactly to the real colors of the products.  

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in the  

special:

the price including taxes;

any shipping costs;

the manner in which the agreement will be concluded and which actions are required for this;

whether or not the right of withdrawal applies;

the method of payment, delivery and execution of the agreement;

the term for acceptance of the offer, or the term within which the entrepreneur guarantees the price;

the amount of the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular base rate for the means of communication used;

whether the agreement will be archived after it has been concluded, and if so, how it can be consulted by the consumer;

the way in which the consumer, before concluding the agreement, can check and, if desired, restore the data provided by him in the context of the agreement;

any other languages in which, in addition to Dutch, the agreement can be concluded;

the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically.

Article 5 – The agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance by the consumer of the offer and compliance with the associated conditions.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

The entrepreneur can inform himself – within legal frameworks – whether the consumer can meet his payment obligations, as well as about all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons, or to attach special conditions to the implementation.

The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;

the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

the information about guarantees and existing after-sales service;

the information included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;

the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

Article 6 – Right of withdrawal

When purchasing products, the consumer has the option to dissolve the agreement without stating reasons during 14 days. This reflection period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur.

During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories supplied and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days of receipt of the product. After the consumer has indicated that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.

If, after expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to make use of his right of withdrawal resp. has not returned the product to the entrepreneur, the purchase is a fact.

Article 7 – Costs in case of withdrawal  

If the consumer makes use of his right of withdrawal, at most the costs of return will be for his account.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the web retailer or conclusive proof of complete return can be submitted. Repayment will be made via the same payment method used by the consumer, unless the consumer expressly gives permission for another payment method.

In the event of damage to the product due to careless handling by the consumer, the consumer is liable for any loss in value of the product.

The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, this must be done before the conclusion of the purchase agreement.

Article 8 – Exclusion right of withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has stated this clearly in the offer, at least in time for the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for products:  

that have been established by the entrepreneur in accordance with the consumer's specifications;

which are clearly personal in nature;

​

“Products such as custom-made works of art and the Winter-Home bear plaids that you buy through this web store are made to measure according to the specification you entered. The right of withdrawal therefore does not apply. The sale is final after successful payment.”

Article 9 – The price

During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.

Contrary to the previous paragraph, the entrepreneur can offer variable prices for products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This dependence on fluctuations and the fact that any prices quoted are target prices are stated in the offer.  

Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:  

they are the result of statutory regulations or provisions; or

the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.

The prices stated in the offer of products or services include VAT.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typing errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.  

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the statutory provisions and/or usability existing on the date of the conclusion of the agreement. or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks after delivery. The products must be returned in the original packaging and in new condition.

The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

The consumer has repaired and/or processed the delivered products himself or has had them repaired and/or processed by third parties;

The delivered products have been exposed to abnormal conditions or are otherwise carelessly treated or contrary to the instructions of the entrepreneur and/or have been treated on the packaging;

The defectiveness is wholly or partly the result of regulations that the government has made or will make with regard to the nature or quality of the materials used.  

Article 11 – Delivery and execution

The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.

The place of delivery is the address that the consumer has made known to the company.

With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously, but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to compensation.  

All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.

In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.

If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to make a replacement item available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of any return shipment are for the account of the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Copyright

The suppliers who deliver the products to Art-Empire retain the copyright where applicable in the artworks, designs, sketches, etc., designed or created by them, hereinafter referred to as 'the product'. The buyer is not permitted to change, repeat or multiply the implementation of a product, even if it concerns only part of the product, without the express written permission of the supplier.

Art-Empire and the artists who supply the products, unless expressly agreed otherwise in writing on the order, have the right to repeatedly have the design or parts of the design performed. Art-Empire and the artists who supply the products have the right to take photos or other images, reproduce them and make them public for promotional purposes. The ownership of products, ideas, concepts or (trial) designs supplied by Art-Empire and/or its suppliers remains fully with Art-Empire and/or the relevant supplier, unless expressly agreed otherwise in writing. In the event of proven violation of the said property, Art-Empire is entitled to determine a fee for this itself, but to charge a reasonable fee.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in Article 6 paragraph 1. In the event of an agreement to provide a service, this period starts after the consumer has received confirmation of the agreement.

The consumer has the obligation to immediately report inaccuracies in the payment details provided or stated to the entrepreneur.

In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints & liability

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days, after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will answer within the period of 14 days with a notification of receipt and an indication when the consumer can expect a more detailed answer.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.

In the event of complaints, a consumer must first turn to the entrepreneur. If the web store is affiliated with Stichting WebwinkelKeur and in the event of complaints that cannot be resolved by mutual agreement, the consumer should contact Stichting WebwinkelKeur ( www.webwinkelkeur.nl ), which will mediate free of charge. Check whether this webshop has an ongoing membership via https://www.webwinkelkeur.nl/leden/ . If a solution is not yet reached, the consumer has the option of having his complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur, the decision of which is binding and both the entrepreneur and the consumer agree to this binding decision. There are costs associated with submitting a dispute to this disputes committee, which must be paid by the consumer to the relevant committee. It is also possible to register complaints via the European ODR platform ( http://ec.europa.eu/odr ).

A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at its discretion, replace or repair the delivered products free of charge.

Art-Empire does everything that can reasonably be expected of it to determine that the supplier is entitled to deliver the product to Art-Empire and Art-Empire is entitled to resell the product. This includes but is not limited to copyright and/or copyright. Damage arising if it appears that the supplier does not have the necessary rights is at all times limited to the amount of the purchase that the buyer has actually paid to Art-Empire, including any shipping costs. Art-Empire further expressly disclaims any liability.  

Art-Empire is not liable for any damage that has arisen after hanging the photo art.

The risk of loss or damage to the product passes to the purchaser at the time when it is legally and/or actually delivered to the purchaser and thus placed under the control of the purchaser or a third party to be designated by the purchaser.  

Art-Empire cannot be held liable if damage has occurred to a work of art that is due to intent and/or gross negligence and/or culpable acts, or injudicious or improper use of the work of art by the buyer. Advertising does not suspend any obligations of the buyer.

When accepting an assignment, Art-Empire accepts no liability for infringement of any intellectual property rights of third parties. In the event that Art-Empire is sued by third parties for infringement of any intellectual property right, the customer indemnifies Art-Empire for all damage suffered by Art-Empire as a result, including that for which The Art-Empire is addressed by third parties and including the costs incurred by Art-Empire.

Art-Empire's liability under any agreed delivery is at all times limited to the amount involved in the order. Even in the event of consequential damage or damage from third parties. Art-Empire is enabled to deliver good work within a reasonable period of time for faulty work. Art-Empire is not liable for the consequences of errors in assignment, information or materials provided by the buyer. If Art-Empire is held liable by a third party with regard to any damage for which it is not liable under the agreement with the buyer or these terms of delivery, the buyer will fully indemnify Art-Empire in this regard and reimburse Art-Empire for everything it this third party must comply.

Insofar as Art-Empire is dependent in its activities on the cooperation, services, deliveries, guarantees and declarations of third parties, on which Art-Empire can exercise little or no influence, Art-Empire can in no way be held liable for any damage whatsoever. also arising from these relationships with Art-Empire or the termination thereof, regardless of whether this damage arises or becomes visible during the relationship with Art-Empire. the invoice amount. Any liability of Art-Empire for any other form of damage is excluded, including compensation for indirect damage, consequential damage or damage due to lost turnover or profit. The buyer should take into account that information sent via the internet can be intercepted by third parties. Art-Empire cannot be held liable for damage in any form whatsoever caused by sending confidential or secret information. The buyer must immediately inform Art-Empire in writing of changes in buyer data, such as a change of address. If the buyer fails to do so, the latter is fully liable for any damage caused by this and suffered by Art-Empire.

Article 15 – Disputes

Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.  

Even if the consumer lives abroad.

Article 16 – Additional or different provisions

Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.