Terms and Conditions

Terms and Conditions 

Kunstkartel is a general partnership and is located at Kempenaarplaats 38, 5017 DX in Tilburg and registered in the trade register of the Chamber of Commerce under number: 76081265. Kunstkartel is an online art gallery specialized in exclusive luxury art paintings/photos on plexiglass.

Concepts
In these general terms and conditions the following definitions apply:
Kunstkartel: the entrepreneur who offers products at a distance and thus the user of these general terms and conditions.
Consumer: the natural person who does not act in the exercise of a profession or business (private buyer) who concludes a distance contract with Kunstkartel.
Buyer: the natural person who acts in the exercise of a profession or business or the legal person (business buyer) who enters into a (distance) agreement with Kunstkartel.
Written: both traditional written communication and communication by e-mail.
Website: the Kunstkartel website: https://www.kunstkartel.nl/ . 

Applicability
1. These general terms and conditions apply to the offer, the agreements and the delivery of products by or on behalf of Kunstkartel.
2. Any general terms and conditions used by the buyer, by whatever name, are expressly not applicable.
3. Deviations from and additions to these general terms and conditions are only applicable if they have been accepted explicitly and in writing by Kunstkartel.
4. Kunstkartel may amend and/or supplement these general terms and conditions. The consumer/buyer will be notified about this in advance.
5. If one or more provisions in these general terms and conditions prove to be void or voidable, the other provisions will remain fully applicable and the parties will negotiate the content of a new provision. This new provision has as much as possible the purport of the original provision.
6. In the event of a conflict between the content of these general terms and conditions and an agreement concluded between the consumer/buyer and Kunstkartel, the content of the agreement will take precedence.

offer
1. An offer in the webshop is without obligation. This means that Kunstkartel can change the offer.
2. All prices stated in the offer are inclusive of VAT, unless stated otherwise. Prices quoted in quotations are exclusive of VAT, unless stated otherwise.
3. The consumer/buyer ensures that the information he provides to Kunstkartel is correct, current and complete.
4. The content of the agreement consists exclusively of the products described in the offer.

5. Kunstkartel is not bound by obvious mistakes or clerical errors in the offer and programming and/or typing/printing errors on the website and/or social media channels of Kunstkartel. This means, among other things, that Kunstkartel is not obliged to deliver the product according to the incorrect price.

Realization of the agreement
1. The agreement between the consumer/buyer and Kunstkartel is concluded because:
the consumer/buyer digitally agrees with Kunstkartel's offer by indicating the product of his choice on the website and completing the order and meeting the conditions;
b. Kunstkartel has confirmed an order by e-mail to the consumer/buyer.
2. The consumer/purchaser agrees that all means of communication customary at that time may be used for communication. In particular means of communication that use an internet connection.
3. Kunstkartel takes appropriate technical and organizational measures to secure the electronic transfer of data and electronic payment and ensures a secure website.
4. The consumer/buyer will receive the order confirmation/invoice by e-mail at the e-mail address indicated in the ordering process.

Right of dissolution (cooling off period)
1. The Kunstkartel website contains a webshop where physical products can be purchased remotely.
2. Consumers have the right of dissolution in the case of a distance purchase. The consumer can dissolve the agreement within fourteen (14) days after receipt of the product, without giving reasons. If the consumer has ordered several products in the same order, the cooling-off period starts on the day that the consumer has received the last product of this order.
3. If the consumer wishes to make use of the statutory right of dissolution, the consumer must contact Kunstkartel via info@kunstkartel.nl or
06-57777787 or fill in the return form on the website. The consumer must then return the product to Kunstkartel within fourteen (14) days after dissolution of the agreement. The consumer does this in the original packaging. The return costs are borne by the consumer.
4. During the cooling-off period, the consumer may unpack the product with the aim of determining the nature and characteristics of the product in a manner that the consumer would also do in a physical store. The consumer handles the product with care. In the event that the value of the product decreases during the cooling-off period, the consumer is liable for this.
5. The risk and the burden of proof for the correct and timely exercise of the statutory right of dissolution lies with the consumer.
6. After receipt of the return shipment, the consumer will receive a confirmation. After receipt of the confirmation, it takes a maximum of fourteen (14) working days before the purchase amount is refunded by Kunstkartel.

7. The statutory right of dissolution does not apply to products that have been made according to the consumer's specifications or on the basis of an individual choice or decision by the consumer. This can include: different formats, changes to original prints, photoshop assignments, own input, etc.

Content of the agreement
1. Kunstkartel delivers, if no specific standards or regulations have been agreed, in accordance with what Kunstkartel could reasonably assume.
2. Kunstkartel guarantees that products comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations existing on the date of the conclusion of the agreement.
3. The products that Kunstkartel offers have the properties that Kunstkartel has made known in the offer with regard to those products. Kunstkarte cannot guarantee that the products are suitable for the purpose for which the consumer wants to use the products.

Delivery & shipping
1. Kunstkartel will execute accepted orders within thirty (30) days at the latest, unless a different delivery period has been agreed. If a delivery term will not be met, Kunstkartel will inform the consumer/buyer of this without undue delay. In that case, the consumer/buyer has the option of dissolving the agreement and requesting a refund of the purchase price within seven (7) days of receipt of that notification.
2. The delivery times stated in the offer are only an indication. The consumer/buyer cannot derive any rights from this. Exceeding a delivery period does not entitle the consumer/buyer to compensation or any other form of compensation.
3. Products are delivered by an external transport company to the address indicated by the consumer/buyer in the ordering process.
4. The risk of damage and/or loss of products is transferred to the consumer/buyer from the moment of delivery to the consumer/buyer.
5. All prices quoted include shipping costs, unless stated otherwise. For shipments abroad (with the exception of Belgium), the shipping costs are not included.

Prices and payment
1. Kunstkartel is entitled to change its prices. If a price change takes place within three (3) months after the conclusion of the agreement, only the consumer has the right to dissolve the agreement. Price changes that are the result of changed laws and regulations do not entitle the consumer/buyer to dissolve the agreement for that reason.
2. Products purchased via the website must be paid for via one of the indicated payment options. The consumer/buyer automatically receives the order confirmation/invoice at the e-mail address indicated by the consumer/buyer.
3. The payment term for invoices, unless otherwise agreed, is seven (7) days after the invoice date.
4. In the event that the consumer does not pay on time, the statutory interest and the statutory regulation with regard to collection costs will apply.
5. Kunstkartel remains the owner of the delivered products until the consumer/buyer has fulfilled his payment obligation.

Resale
These additional and/or deviating provisions only apply to buyers.
1. Resale offers are valid for fourteen (14) days.
2. All prices quoted are exclusive of VAT.
3. The agreement between the buyer and Kunstkartel is concluded at the moment that the buyer agrees in writing with the offer of Kunstkartel Kunstkartel and confirms the order in writing to the buyer.
4. Kunstkartel has the right to refuse an order from the buyer, for instance in the event that the buyer has not fulfilled its payment obligation in the past or if the buyer damages the product or the good name of Kunstkartel.
5. The statutory right of dissolution (cooling off period) does not apply to the buyer.
6. Delivery times are in consultation. A delivery period agreed by the parties commences as soon as the buyer has received all the necessary information and payment from the buyer. An agreed delivery term can under no circumstances be regarded as a strict deadline.
7. The buyer agrees that the agreement between the buyer and Kunstkartel is not based on exclusivity and that Kunstkartel also cooperates with other resellers.
8. Kunstkartel has the right to impose a maximum selling price or recommended price on the buyer.
9. The buyer will pass on any supplied user instructions to his customers.
10. The payment term for invoices is fourteen (14) days after the invoice date.
11. Objections of the buyer against the amount of the invoice do not suspend the payment obligation.
12. In case the payment is not received on time by Kunstkartel, Kunstkartel has the right to charge a monthly interest of five percent (5%). Part of a month is counted as a whole month. Kunstkartel may also charge collection costs of ten percent (10%) with a minimum of € 250.00.
13. All intellectual property rights with regard to the product and its design, including promotional material to promote the sale of the product, are vested exclusively in Kunstkartel. 

Warranty & Liability
1. The consumer/buyer will check the product immediately upon delivery for quality, visible damage and defects and will report this in writing to Kunstkartel without undue delay.
2. Images of products shown in the webshop may differ slightly. Kunstkartel cannot guarantee that the displayed colors exactly match the real colors of the products. This also depends on the browser and the brand of computer/phone.
3. Kunstkartel offers a legal guarantee on its products. Warranty is excluded on:
a. products that the consumer/buyer has repaired or modified himself and/or has repaired or modified by third parties;
b. products that have been exposed to abnormal conditions or otherwise handled carelessly.

4. The consumer/purchaser is obliged to comply with any supplied maintenance and/or user instructions.
5. Kunstkartel's liability is limited to reimbursement of the purchase price or redelivery of the product. In all cases, Kunstkartel's liability is limited to a maximum of the amount paid out by its liability insurance, plus the excess amount. If no liability insurance has been taken out, the insurer does not pay out or the damage is not covered by the insurance, Kunstkartel's liability is limited to a maximum of the purchase price of the relevant product.

Privacy
1. Kunstkartel's privacy statement also applies to all agreements and these general terms and conditions. This can be found on our website.
2. The personal data provided by the consumer/buyer will only be used for the purposes described in the privacy statement.

Complaints
1. Are you not satisfied with a product or do you have a complaint about the implementation of the agreement? Then you must report this to Kunstkartel in writing as soon as possible, but no later than fourteen (14) days after the occurrence of your complaint, fully and clearly described.
2. Kunstkartel will respond substantively to the complaint within seven (7) days after receipt of the complaint and, where possible, propose a solution.
3. For consumers who have a complaint about a purchase via our website, there is still the possibility to submit a complaint to the WebwinkelKeur Foundation via https://www.webwinkelkeur.nl/kennisbank/consumenten/geschil or to the European Commission via the ODR platform: http://ec.europa.eu/odr . 
4. Submitting a complaint does not release you from your payment obligation.

Applicable law and choice of forum
1. All agreements concluded and to be concluded by Kunstkartel and these general terms and conditions are exclusively governed by Dutch law.
2. All disputes will be submitted to the competent court in the district of Zeeland-West-Brabant, unless a mandatory legal provision opposes this. This also applies to disputes that are regarded as a dispute by only one of the parties.
3. The parties will in all cases first try to reach a joint solution.
4. The Vienna Sales Convention is expressly not applicable.

July 2021 version of these general terms and conditions.