Terms and Conditions

General terms and conditions Art & Pictures

Article 1. Definitions

In these terms and conditions:

  1. Business owner means the natural person or legal entity offering online products and/or services to consumers;
  2. Consumermeans the natural person not acting in the course of his business or profession and who concludes a distance contract with Art & Pictures;
  3. Distance contractmeans an agreement in which exclusive use is made of one or more techniques of distance communication as part of a system set up by Art & Pictures for selling online products and/or services up to and including the conclusion of agreements;
  4. Technique of distance communicationmeans a manner of communication that can be used for concluding agreements without the need for both consumer and business owner to get together in the same place at the same time;
  5. Cooling-off periodmeans the period during which the consumer is allowed to make use of his right of withdrawal;
  6. Right of withdrawalmeans the opportunity for the consumer to decide not to conclude a distance contract;
  7. Daymeans a calendar day;
  8. Continuing performance agreementmeans 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.
  9. Permanent data carriermeans each device that enables the consumer or the business owner to store information addressed to him in person in a manner that makes it possible for him to consult the stored information in the future and to reproduce it unchanged.

Article 2. SCOPE

  1. These general terms and conditions apply to each offer made by Art & Pictures and to each distance contract concluded between business owner and consumer.
  2. The text of these general terms and conditions will be made available to the consumer prior to the conclusion of the distance contract.
  3. In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraph applies equally and the consumer may always rely on the appropriate provision that is most advantageous to him in the event of conflicting general terms and conditions.

Article 3. The Offer

  1. If an offer is valid for a limited period of time or is made under certain conditions then this is explicitly stated in the offer.
  2. The offer includes a complete and accurate description of the offered products and/or services. The description must be in sufficient detail to make it possible for the consumer to form a considered opinion on the offer. If Art & Pictures makes use of illustrations then these are a true reproduction of the products and/or services on offer. Art & Pictures is not bound to any obvious errors or mistakes.
  3. Each offer includes as much information as is needed to make it clear to the consumer what the rights and obligations are that are attached to accepting the offer. This information concerns specifically:
  • the price, including any taxes;
  • the delivery costs
  • the manner in which the agreement will be concluded and the steps that are necessary to effect this;
  • whether or not the right of withdrawal applies to the offer;
  • the method of payment, delivery or execution of the agreement;
  • the time-limit set for the acceptance of the offer or the time-limit during which the price is valid;
  • the fee for the distance communication if the costs of the use of the technique of distance communications is calculated on a different basis than the basic rate;
  • if an agreement is archived after it has been concluded, the manner in which the consumer can consult the archived agreement;
  • the manner in which the consumer may be informed of actions he does not intend prior to the conclusion of the agreement as well as the manner in which the consumer can repair these actions prior to the conclusion of the agreement;
  • the codes of conduct that apply to Art & Pictures and the manner in which the consumer can consult these codes of conduct electronically; and
  • the minimum time period of the distance contract in the event that it concerns an agreement for a continuing or periodic delivery of products and/or services.

Article 4. The Agreement

  1. The agreement is concluded, subject to the provisions in paragraph 4, on the moment on which the consumer has accepted the offer and the conditions made for that offer have been met.
  2. If a consumer has accepted the offer electronically, Art & Pictures immediately confirms electronically the acceptance of the offer. For as long as this acceptance is not confirmed, the consumer may cancel the agreement.
  3. If an agreement is concluded electronically, Art & Pictures takes appropriate technical and organizational steps to secure the electronic transfer of data and Art & Pictures provides for a secure web environment. If the consumer can pay electronically, Art & Pictures observes the appropriate security measures in that regard.
  4. Within the statutory framework, Art & Pictures may make enquiries to ascertain whether the consumer will be able to meet his payment obligations as well as with regard to all those facts and circumstances that may be important for a responsible conclusion of a distance contract. If following the enquiries Art & Pictures has good reasons not to conclude this agreement, it has the right to refuse the order or application or to attach specific conditions to the execution of the agreement, stating the grounds for doing so.
  5. Art & Pictures will communicate to the consumer in writing or in such manner as it can be accessibly stored on a permanent data carrier the following information with the product or service:

(a)        the visiting address of a branch of Art & Pictures the consumer can visit in the event of a complaint;

(b)        the conditions under which and the manner in which the consumer may make use of the right of withdrawal or a very clear notification that the right of withdrawal is excluded;

(c)        the information on the existing after-sale services following the purchase and guarantees;

(d)        the information included in article 4 (3) of these terms and conditions unless Art & Pictures has provided the consumer with this information prior to the execution of the agreement.

(e)        the requirements for giving notice to terminate the agreement if the agreement has a term longer than one year or has been concluded for an indefinite period.

  1. If Art & Pictures has undertaken to deliver a series of products or services, the provision included in the preceding paragraph only applies to the first delivery.

Article 5a. Right of withdrawal on delivery of product

  1. On the delivery of services, the consumer is allowed to terminate the agreement for a period of fourteen working days without having to state the reasons as of on the date on which the agreement was concluded.
  2. In order to make use of his right of withdrawal, the consumer will observe the reasonable and clear instructions provided by Art & Pictures on the offer and/or delivery at the latest.

Article 5b – Right of Withdrawal on delivery of services

  1. On the delivery of services, the consumer is allowed to terminate the agreement for a period of fourteen working days without having to state the reasons as of on the date on which the agreement was concluded.
  2. In order to make use of his right of withdrawal, the consumer will observe the reasonable and clear instructions provided by Art & Pictures on the offer and/or delivery at the latest.

Article 6 – Expenses in the event of a withdrawal

  1. If the consumer makes use of his right of withdrawal then no more than the costs of returning the product will be paid by him.
  2. If the consumer has paid an amount then Art & Pictures will reimburse this amount as soon as possible but not later than 14 days after the return of the product or withdrawal.

Article 7 – Exclusion right of withdrawal

  1. If the consumer does not have the right of withdrawal, Art & Pictures can only exclude this right if Art & Pictures has stated this clearly in the offer, at least prior to the conclusion of the agreement.
  2. Exclusion of the right of withdrawal is only possible for the following products:

(a)        tailormade products with measurements in accordance with the specifications of the consumer which are outside the online offer by Art & Pictures;

(b)       those that are clearly of a personal nature;

(c)       those that cannot be returned as a result of their nature;

(d)       those that are subject of increased decay or aging;

(e)        those whose price is linked to the fluctuations on the financial market over which Art & Pictures does not have any control;

(f)        for individual copies of newspapers and magazines;

 

  1. Exclusion of the right of withdrawal is only possible for the following services:

(a)        those concerning accommodation, transport, restaurant establishment or leisure activities to be provided on a fixed date or during a fixed period;

(b)        of which the delivery has started prior to the expiry of the cooling-off period with the express permission of the consumer;

(c)       concerning bets and lotteries.

Article 8 – The price

  1. For the term of validity mentioned in the offer, the prices of the offered products and/or services will not be increased with the exception of price changes as a result of changes in the VAT rates.
  2. In departure from the preceding paragraph, Art & Pictures offers against a variable price products or services of which the prices are linked to the fluctuations on the financial market and of which Art & Pictures does not have any control. This linkage to the market fluctuations and the fact that any included prices are recommended prices will be included in the offer.
  3. Price increases within three months following the conclusion of the agreement will only be allowed if they are the result of statutory rules and regulations.
  4. Price increases as of three months following the conclusions of the agreement will only be allowed if Art & Pictures has stipulated this and:

(a)       if they are the result of statutory regulations and provisions; or

(b)        if the consumer has the authority to give notice of termination of the agreement at the date on which the price increase goes into effect.

  1. The prices included in the offer of products and/or services are VAT inclusive.

Article 9 – Conformity and guaranty

  1. Art & Pictures guarantees that the products and/or services meet the agreement, the specifications included in the offer, the reasonable requirements of sound condition and/or suitability and the statutory provisions and/or government regulations current on the date on which the agreement is concluded.
  2. A guarantee scheme offered by Art & Pictures, a manufacturer or an importer does not affect the rights and claims the consumer may invoke against Art & Pictures on the basis of the agreement.