Terms & conditions

INDEX

1 DEFINITIONS
2 GENERAL
3 OFFERS
4 PRICES
6 PAYMENT
7 DELIVERIES AND DELIVERY TIME FOR WEBSITE ORDERS
8 TRANSPORT
9 RETENTION OF TITLE
10 RIGHT OF WITHDRAWAL
11 GUARANTEES
12 CLAIMS
13 LIABILITY
14 COMPLAINTS PROCEDURE
15 APPLICABLE LAW AND COMPETENT COURT

1 DEFINITIONS

1.1 About Art : About Art is a trading name of About Art B.V., a private limited liability company with its registered offices and principal place of business at Koningslaan 19, 1075 AA Amsterdam, registered with the Chamber of Commerce under number 34247563.
Cooling-off period: the period within which the Customer can exercise his right of withdrawal, as defined in article 10.
Consumer: a natural person who is not acting for purposes relating to his trade, business, craft or professional activity.
Day(s): calendar days.
Durable medium: any tool – including e-mail – that allows the customer to store information addressed to him in person, in a way that enables that information to be accessed or used in the future for a period of time adequate for the purpose for which the information is intended, and which enables the reproduction of the information stored in unaltered form.
Right of withdrawal: the possibility on the part of the customer to withdraw from the contract within the cooling-off period.
Customer: Any (potential) buyer of products from About Art.
Contract : the contract between About Art and the customer relating to the purchase of (a) product(s).
Distance contract : A contract concluded other than (exclusively) by means of purchase in the About Art salesroom, with exclusive or partial use being made of one or more means of distance communication up to the conclusion of the agreement (including, but not limited to: telephone, website, e-mail, fax).
Product(s): the products sold by About Art, including accessories such as frames, hanging systems, other.
Salesroom: location where products can be viewed and a contract can be concluded in a non-digital fashion.
Carrier: the delivery company used by About Art.
Business Customer: a customer who is not a consumer.

2 GENERAL

2.1 These terms & conditions apply to every offer, quotation and contract between About Art and a customer of About Art, insofar as the parties have not expressly agreed in writing to deviate from these terms & conditions.
2.2 The present terms & conditions shall also apply to the relationship between the customer and third parties who need to be engaged by About Art in order to implement the contract. The present terms & conditions shall not apply to the relationship between About Art and third parties who need to be engaged by About Art in order to implement the agreement.
2.3 Before the distance contract is concluded, the text of these terms & conditions will be made available to the customer in such a form that the customer can easily store them on a durable medium (downloadable as PDF). If this is not reasonably possible, About Art will indicate, prior to the conclusion of the distance contract, the manner in which the general terms and conditions can be inspected at About Art or electronically and that they will be sent free of charge as soon as possible at the customer's request.
2.4 The applicability of any purchasing or other conditions of the customer is expressly excluded.
2.5 Divergent stipulations shall only be binding on About Art after written acceptance on its part and only for the contract to which the acceptance relates.
2.6 If, at any time, one or more provisions of these terms & conditions should become invalid or void in whole or in part, the remainder of these terms & conditions shall continue to apply in full. In such a case, About Art shall consult with the customer in order to agree new provisions to replace the invalid or void provisions, corresponding as closely as possible to the purpose and intent of the original provisions.
2.7 If there is any uncertainty regarding the interpretation of one or more provisions of these terms & conditions, the provision is to be interpreted ‘in the spirit’ of these terms & conditions.
2.8 In the event that a situation should arise between the parties which is not regulated by these terms & conditions, this situation shall be evaluated in the spirit of these terms & conditions.
2.9 If About Art does not always pursue strict compliance with these conditions, it does not follow that the provisions thereof are not applicable or that About Art revokes its right to demand strict compliance with these provisions in other cases.
2.10 About Art reserves the right to change these terms & conditions unilaterally. The version valid at the time of the conclusion of the contract with About Art shall always apply. The customer is advised to regularly check the terms & conditions for changes.

3 OFFERS/COLOUR FIDELITY

3.1 The offer on the About Art website is an invitation to purchase, under the conditions set out on the website and in these terms & conditions.
3.2 All other offers in whichever form are not binding on About Art, except in the case of a personally addressed offer stating a period for acceptance and based on delivery under normal circumstances and within normal business hours. A time-limited marketing or other promotion shall not be regarded as a period for acceptance.
3.3 Images, catalogues, drawings and other information provided to or by About Art are subject to change without prior notice and are not binding on About Art.
3.4 The colours of the products as shown on the About Art website may be different in reality. About Art shall not be liable for any such colour deviations.

4 PRICES

4.1 The price stated in the offer is determined by publication in the webshop, whereby About Art has the right to adjust the price at any time without further consultation or pre-publication. At the time that the consumer/business customer places the order and it is confirmed by About Art, the selling price will be set as the price last published.
4.2 The price or prices mentioned under 4.1 are inclusive of packaging material and VAT in Euros, with explicit reference to the applicable VAT.
4.3 About Art shall at all times be entitled to charge the correct price in the event of printing errors on the price list, in the catalogue, on the internet or in quotations.
4.4 About Art explicitly states the cost of shipping, insurance and, in the case of international shipments and to the extent that About Art accepts responsibility for the latter, any import and export duties and licences. For domestic shipping, this information is provided prior to placing the order; for foreign shipping, this information is provided before or after the order is received and before the order confirmation is sent out.

5 ESTABLISHMENT OF THE CONTRACT

5.1 The contract shall be established at the time of acceptance by the consumer or business purchase of the offer, and once the set conditions have been met.
5.2 If the customer placed the order by electronic means (website), About Art will confirm receipt of the order by electronic means immediately.
5.3 In the case of a foreign shipment, the contract shall be established only after the customer has agreed to the additional cost of transport, insurance and any import and export duties and licences as referred to in article 4.4.
5.4 Orders accepted by representatives of About Art (not being the website of About Art) are only binding following a written confirmation of order by About Art.
5.5 As long as the receipt of the order confirmation for an order placed electronically has not been confirmed by About Art , the customer may cancel the order free of charge.
5.6 All agreements are entered into under the suspensive condition of sufficient availability of the products in question.

6 PAYMENT

6.1 Unless otherwise agreed in writing, payment must be made immediately to About Art by IDEAL or credit card, or if payment is made by other means, it must be received by About Art no more than 14 days after concluding the contract, the end of which period shall be regarded as a firm deadline. The order process or, if payment is not made immediately, the order confirmation, contains the information on how payment may be made.
6.2 If the purchase price is not paid within the payment term specified in article 6.1, the customer shall be in default by operation of law and About Art shall be entitled, without any requirement to provide notice of default, to (i) charge the customer interest amounting to 2% over and above the statutory interest rate on the invoice amount from the due date, with a minimum interest rate of 12% per year, up to the date that payment is received, or (ii) to cancel the order and rescind the contract, whereupon About Art shall not (any longer) be bound by the contract nor shall it be obliged to pay damages against the customer in any event; in this case, About Art shall also not be bound to make the same offer to the same customer.
6.3 In no case shall setting off or any other form of settlement be permitted by the customer without the explicit written agreement of About Art.
6.4 The costs of collection, both judicial and extrajudicial, shall be borne by customer. Extrajudicial collection costs will be charged at the collection rate recommended by the Netherlands Bar (Nederlandse Orde van Advocaten), as laid down in the table of lawyers' fees.
6.5 If the customer is in default, from that moment all outstanding receivables from the Customer to About Art shall become immediately due and payable.

7 DELIVERIES AND DELIVERY TIME FOR WEBSITE ORDERS

7.1 Unless alternative arrangements have been made, delivery shall take place only after the purchase price for the products has been received by About Art.
7.2 The stated delivery times shall never be regarded as deadlines, unless expressly agreed otherwise. In the event of non-timely delivery, About Art must therefore be given written notice of default.
7.3 The delivery time will begin on the latest of the following dates:
7.3.1 the working day after the contract comes into effect;
7.3.2 the day following the receipt by About Art of the documents, data, permits etc. required for the implementation of the contract;
7.3.3 the day of receipt by About Art of the advance payment payable by the customer, if any, in accordance with the contract.
7.4 If the delivery is prevented by force majeure, in whole or in part, About Art shall be entitled to suspend delivery, or to rescind the contract insofar as it has not been implemented, in whole or in part, and to demand payment in respect of those parts of the agreement which have been implemented, without any obligation to pay any compensation to the customer.
7.5 In these terms & conditions , force majeure is understood to mean any circumstance independent of the will of About Art — even if it could have been foreseen at the time that the contract was concluded — which prevents the performance of the contract either permanently or temporarily, as well as, insofar as not already included under that definition: war, danger of war, civil war, riots, strikes, workers' lockouts, transportation difficulties, epidemics, pandemics, fire and/or serious disruptions to the business of About Art or its suppliers.
7.6 Following proper consultation, About Art may ship one or several products in portions, with each shipment being payable separately.
7.7 Unless otherwise agreed in writing, domestic shipping of the products will be performed by a carrier chosen by About Art. The costs of transport and insurance and any import and export duties and licences will be charged on to the customer on the basis of previously agreed rates, pursuant to article 4.4.
7.8 For domestic shipments, About Art shall remain responsible and liable towards the customer for transport, insurance and any import and export duties and licences for the products up to the moment of delivery (Incoterms 2010: Delivered Duty Paid). For international shipments, About Art assumes no responsibility for the transport of the products, nor for related insurance or any import and export duties and licences (Incoterms 2010: ExWorks).
7.9 The delivery of goods shall take place at the location chosen by the customer, in which case the goods shall be regarded as having been delivered by About Art and accepted by the customer as soon as the goods have been supplied to the customer and/or as soon as the goods have been loaded onto the means of transport of the customer or his carrier.

8 TRANSPORT

8.1 Unless otherwise agreed, in the case of orders other than those concluded by electronic means, the buyer shall arrange transport of the purchased goods at their own expense and risk.

9 RETENTION OF TITLE

9.1 All products supplied by About Art under the contract shall remain the property of About Art until the customer has properly fulfilled all obligations arising from the contract(s) concluded with About Art, including the payment of the purchase price, any charges, interest, taxes, expenses and damages payable under these terms & conditions or the contract.
9.2 Products supplied by About Art which fall under retention of title pursuant to article 9.1 may not be resold and may never be used as a method of payment. The customer shall not be entitled to pledge the goods falling under the retention of title or to encumber them in any other way.
9.3 The customer shall always do whatever may reasonably be expected of him to secure About Art's property rights.
9.4 In the event that third parties should seize goods delivered subject to retention of title or seek to establish or assert rights thereto, the customer shall be obligated to immediately notify About Art to this effect.
9.5 In the event that About Art should seek to exercise its property rights as referred to in the present article, the customer shall grant About Art and third parties appointed by About Art unconditional and irrevocable permission beforehand to access all places where the property of About Art is located and to reclaim those products.

10 RIGHT OF WITHDRAWAL

10.1 A consumer may cancel the contract during a cooling-off period of 14 days without giving any reason. About Art may ask the consumer his reason for cancelling the contract, but it cannot obligate the consumer to state his reason (s).
10.2 A business customer may cancel the contract during a cooling-off period of 14 days, stating a valid reason. Valid reasons are understood to mean: damage, delivery of the wrong product.
10.3.1 on the day after the product has been received by the customer or a third party designated by the customer beforehand, other than the carrier;
or
10.3.2 If the customer ordered multiple products in the same order or if a product is sent in multiple shipments: the day on which the customer, or a third party designated by the customer received the final (partial) product. Provided it has clearly informed the customer in this regard prior to the order process, About Art may refuse an order for multiple products with different delivery dates.
10.4 If a customer exercises his right of withdrawal, the customer shall pay for:
10.4.1 The cost of the frame requested by the customer, and the framing of the picture, as specified in the order confirmation, as well as a fixed contribution of EUR 25 to cover the disposal costs of the frame, plus EUR 5 packing costs if the packaging is no longer available.
10.4.2 All costs associated with the return shipment (including the cost of the insurance and any import and export duties and licences for the products); and
10.4.3 exclusively in the case of business customers, in addition to the costs of 10.4.1 and 10.4.2 also: the delivery costs (including transport costs incurred by third parties, the insurance premium and any import and export duties and licences) of the shipment from About Art to the business customer, as specified in the order confirmation. About Art shall be entitled to set off these fees against the purchase price paid.
10.5 A customer can use the carrier which previously delivered the product to return it, in which case the instruction to the carrier will be issued on behalf of the customer, either by About Art or otherwise; however, the customer is also free to choose a private carrier or make his own arrangements to return the product(s).
10.6 If the customer exercises his right of withdrawal, he shall notify About Art of this fact within the cooling-off period by means of the contact form for withdrawal or by another unambiguous method.
10.7 During the cooling-off period, the customer shall handle the product and the packaging with care. He shall only use the product to the extent necessary to establish the nature, characteristics, effect in the specific situation and operation of the product. The basic principle in this regard is that the customer may only handle and inspect the product as he would be permitted to in a store, on the understanding that he may hang or place the product in the space where it would eventually have been placed after the purchase had been finalised, without making any changes to the product.
10.8 During the cooling- off period, the product shall remain at the customer's expense and risk, which is to say that all damage to the product shall be for his expense. Apart from damage, the customer shall only be liable for depreciation of the product that is the result of any handling of the product which extends beyond that permitted by article 10.7.
10.9 The customer shall return the product with all the supplied accessories, in its original condition and, if reasonably possible, in its original packaging and in accordance with the reasonable and clear instructions provided by About Art.
10.10 The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the customer.
10.11 As soon as possible, but in any event within 14 days of the day following the notification referred to in article 10.6, the customer shall send the product back, or hand it to (a representative of) About Art. This is not required if About Art has offered to collect the product itself. The customer has in any event complied with the deadline for returns if he returns the product before the cooling-off period has expired.
10.12 About Art shall refund the purchase price minus the portion which About Art is entitled to set off immediately, but in any event within 14 days following the day on which the customer notifies About Art of the cancellation if About Art offers to collect the product itself, or instructs a third party to do so. About Art shall delay payment of the refund until it has received the product or until the customer shows that he has returned the product, whichever is earlier.
10.13 The right of withdrawal is excluded for contracts concluded during a public auction. A public auction is understood to mean a method of sale in which products are offered by About Art to the buyer who attends or is given the opportunity to attend the auction in person, under the supervision of an auctioneer, and in which the successful bidder is obliged to purchase the products.

11 GUARANTEES

11.1 About Art guarantees to the customer that, insofar as necessary, all intellectual property rights of the creator(s) of the product in question have been transferred or provided under irrevocable exclusive licence, that such rights have been renounced in favour of About Art or amended such that About Art can transfer or provide to the customer the unfettered right of ownership or at least the unfettered right to management and disposal of the products. About Art indemnifies the customer against any claim by the artists or third parties in this regard.
11.2 About Art guarantees to the customer that it has taken appropriate technical and organisational measures to secure the electronic transfer of data, that the web environment is secure and that electronic payments can be made securely.

12 CLAIMS

12.1 The customer shall examine the goods (or instruct a third party to do so) immediately that the products are made available to him. In doing so, the customer must examine whether the quality and/or quantity of the delivery corresponds to what has been agreed and meets the requirements that parties have agreed in this regard.
12.2 Any visible defects must be reported to About Art in writing within 7 days of delivery.
12.3 Any non-visible defects must be reported to About Art in writing immediately, and in any event no later than within 14 days after the discovery thereof. The notification must provide as detailed a description as possible of the defect, so that About Art is able to respond adequately. The customer must enable About Art to investigate any complaint, or instruct a third party to do so.
12.4 All reporting periods defined in this article are to be regarded as deadlines. If a defect is reported at a later date, the customer shall no longer be entitled to repair, replacement or compensation.
12.5 The product may only be returned after written approval from About Art. The return shall be for the customer's expense and risk and shall never imply any admission of liability.
12.6 The cost of the inspection and shipping will be paid by About Art, unless the complaint is shown to be unfounded, in which case all associated costs incurred by About Art or third parties instructed by it will be for the customer's expense.
12.7 If it is established that a product is defective and a complaint is made in a timely fashion in this regard in accordance with this article, About Art will replace the defective product within a reasonable period of time after receiving the return (or, if return is not reasonably possible, written notification in respect of the defect from the customer), or take responsibility for its repair or for alternative compensation to the customer.
11.8 By way of derogation from the statutory periods of limitation, the period of limitation for all claims and defences towards About Art and the third parties engaged by About Art for the implementation of the contract shall be one year.

13 LIABILITY

13.1 Except in the case of gross negligence or deliberate intent on the part of the board or management of About Art, About Art shall only be liable for costs or damage arising as a result of actions or negligence on the part of the persons referred to above or other employees of About Art or individuals instructed by About Art to implement the Contract, however such costs or damage shall not exceed the amount of the invoice value (purchase price plus additional costs) of the products supplied by About Art in connection with which the damage has arisen.
13.2 With the exception of article 12.7, all liability on the part of About Art shall be excluded, including, but not limited to, economic losses, incidental damages, consequential damages, personal injury or damage to property, loss of use, loss of work and production, loss of income or earnings, inability to make savings, loss of products belonging to the Customer or other use or liability of the Customer vis-à-vis third parties as a result of these losses or for all work or all other costs, or any other damages whatsoever suffered by the customer and/or third parties, for any reason whatsoever, including, but not limited to, the use of or a defect in the products, even if About Art was informed about the possibility of such damages.
13.3 The guarantees given by About Art in connection with a sale shall not apply if, in its own judgement, About Art has established that the customer has in any way misused the products, that he has failed to use the products in accordance with industry standards or practices, or that he has failed to take the necessary measures to prevent damage to or by the products.

14 COMPLAINTS PROCEDURE

14.1 About Art has the following complaints procedure and handles complaints in accordance with this complaints procedure.
14.2 Complaints about the performance of the contract must be submitted to About Art within a reasonable time after the customer has observed the defects, described fully and clearly, preferably by means of the appropriate complaints form which may be found on the website, with sufficient detail in order to be able to evaluate the complaint.
14.3 About Art will reply to complaints within 14 days of the date of receipt. If it is anticipated that a complaint will take longer to handle, About Art will reply within the period of 14 days with a confirmation of receipt and an indication as to when the customer can expect a more detailed answer.
14.4 The Customer must in any event allow About Art 4 weeks to resolve the complaint to their mutual satisfaction. After this period has elapsed, a dispute shall arise which will be amenable to the settlement of disputes in accordance with article 15.

15 APPLICABLE LAW AND COMPETENT COURT

15.1 Contracts between About Art and the customer which are subject to these terms & conditions shall be exclusively governed by Dutch law; the provisions of the Vienna Sales Convention shall not apply.
15.2 All disputes which cannot be resolved amicably in accordance with article 14 may exclusively be brought before the competent judge of the District Court of Amsterdam.