Terms & Conditions

 

1.         Relevance

1.1     
These general conditions apply to all offers and orders of ABC art and on all agreements with ABC art.

1.2     
Of in these general conditions stipulated can be exclusively deviated if this has been corresponded explicitly in writing and in which case the remaining provisions of these conditions remains effective unabridged.

1.3     
The relevance of purchase or other conditions of the counterpart is explicitly rejected.

1.4     
By using the internet sites of ABC art and/or placing an order, the other party accepts these general conditions as well as all other rights and duties as they are indicated on the internet site.


2.         Offers and agreements

2.1     
All offers of ABC Art are without engagement and ABC Art preserves explicitly the right to modify the prices, in particular when that is on the basis of (legal ) regulations necessary. See also Article 3.6.

2.2     
An agreement comes about only after acceptance of your order by ABC Art. ABC Art is authorized to refuse orders motivated or to link particular conditions to the order unless, explicitly differently stipulated. If an order is not accepted, ABC Art will inform you about this within ten (10) working days after reception of the order.

2.3
     Offers are valid as long as there is stock.

2.4     
Counterpart and ABC Art agree explicit that by the use of electronic communication form a valid agreement comes about, as soon as the conditions in Article 2.2 have been met. Particularly the lacking of a written signature does not take off to the binding strength of the offer and the acceptance of it. The electronic files of ABC Art apply, as far as the law allows, as a presumption of proof.

2.5
     Information, images, oral communications, quotations etc. concerning all offers and the most important characteristics of the products which are given telephonically or by means of e-mail are supplied as precise as. ABC Art does not guarantee however that all offers and products are entirely in agreement with the given information. Deviations can be in principle no reason to damages and/or dissolution.


3.         Pricing


3.1     
The mentioned prices for the offered products and services are in euro, including VAT and exclusive handling- and shipping costs, local taxes or other levies, unless differently mentioned or agreed in writing.

3.2     
Payment must occur without discount or compensation fourteen (14) days after invoice date if it concerns delivery within the Netherlands and within twenty-one (21) days after invoice date if it concerns delivery outside the Netherlands, unless agreed differently in writing.

3.3     
Payment can occur by one (of) the manner (s) indicated during the order process. Specific (payment-/order-) conditions can be put to your order. With payment by bank or giro the date of crediting the giro respectively bank account of ABC Art is considered date of payment.

3.4     
At exceeding the term of payment you are from the day that payment should have had take place in absence and from that day you are chargeable a delay interest of 1% per month or part of a month concerning the open amount. If payment takes place after summation an amount of twenty-two euro and sixty-nine eurocents€ (22.69) administrative costs is chargeable by ABC Art. If ABC Art boards its progress for incasso, you are also chargeable the incasso cost , which are at least fifteen per cent (15%) of the open amount , notwithstanding the competence of ABC Art  to charge the effective extrajudicial cost made in place of it.

3.5     
If you are lacking payment, ABC Art is entitled to suspend, or dissolve (the implementation of) the concerning agreement.

3.6     
If the prices for the offered products and services increase in the period between the order and the implementation of it, you are entitled to cancel the order or to annul the agreement within ten (10) days after communication of the increase in price by ABC Art.


4.         Delivery


4.1     
Delivery by ABC Art takes place with competent emergency yet at least thirty (30) days after ordering, unless it has been differently indicated by ABC Art. If delivery does not take place on time, within 1 month after placing  the order you will receive a notification and you have up to the moment of supply the right to dissolve the agreement free of charge by written communication of it to ABC Art. Exceeding the delivery period gives you no right to damages.

4.2     
Delivery takes place the moment the product is taken by (or on behalf of) you in reception.


5.         Publicities and liability
 

5.1     
If you do not wish to purchase a product for any reason whatsoever, you have the right to return the product seven (7) working days after delivery by ABC Art and to annul the agreement. Returns will in this case only be accepted if the packing of the product is undamaged. Tailor-made products such as painting of photograph are excluded of this. Article 5.2 applies to tailor-made products.

5.2     
For all a tailor-made products the purchaser is entitled to annul the agreement up to 7 days after reception of a digital image of the concerning product. The purchaser must inform ABC Art of this by e-mail stating the order number.

5.3     
You have the obligation to inspect the provided products immediately after reception. Possible defects you have to report at the latest seven (7) days after discovery in writing and motivated to ABC Art. If it has been shown that the products do not answer to the agreement, ABC Art has to the choice to either replace the faulty products against returning or refund the invoice amount including shipping costs.

5.4
     ABC Art will return the amount paid by the purchaser within 30 working days after reception of message of dissolving of agreement from the purchaser.

5.5
     As far not corresponded differently ABC Art guarantees that the given order has been carried out under application of sufficient carefulness and skill

5.6
     Since the paintings of ABC Art all are manufactured by hand ABC Art does not guarantee that each painting is exactly equal to the photograph on the Internet site or to the image made available by the customer. Colours, designs and formats of provided supplied paintings can differ from photographs on the Internet site and specifications supplied by the customer.

5.7
     ABC Art has been never entitled to any payment of damages to the counterpart or others, unless there is on ABC Art’s side talk of malice or gross negligence. ABC Art cannot be kept liable for impact or company damage, indirect damage and profit- or turnover- loss.

5.8
     If ABC Art is for any reason whatsoever bound to compensate for damage then the compensation right is never higher than an amount equal to the invoice value in relation to the product or service which caused the damage.

5.9
     Notwithstanding the stipulated in this Article, guarantee is not applicable if the wear can be considered as normal.

5.10
   The other party is obliged to protect ABC Art of any revendication which third parties concerning the implementation of the agreement could do against ABC Art , to the extent that the law does not preclude that the damage and cost should come to the other party.

5.11
   It is possible that ABC Art adds links on its internet site to other internet sites which are possibly interesting or informative for the visitor. Such links are purely informative. ABC Art is not responsible for the contents of the Internet sites which it refers to or by the way they can be used.


6.        Ownership


6.1
     Ownership of products, notwithstanding the actual delivery, passes only to the Other Party, after all that he under any agreement with ABC Art is owed is fully met, including compensation for interest and costs, including those of previous or subsequent deliveries and any products related to the conduct or work.

6.2     The other party may not tax, sell, resell, or otherwise dispose of objections to the products before ownership of the products is transferred.


7.         Act of God


7.1
      In case of an Act of God ABC Art is not obliged to comply with its commitments towards the other party, respectively the obligations are suspended for the duration of the Act of God.

7.2     An Act of God is each circumstance independent of its will, as a result of which the compliance with its commitments towards the other party is entirely or partially prevented. Among those circumstances belong strikes, fire, operational disruptions, energy disruptions, disruptions in (a telecommunications) network or connection or communication systems and/or at some moment unavailability of the internet site, none or not on time supply by subcontractors or other third parties and missing official government license.


8.         Intellectual property


8.1
     The other party recognises explicitly that all rights of intellectual property of reflected information, communications or other expressions concerning the products and/or the internet site rest at ABC Art, its subcontractors or other claimants.

8.2
     Under intellectual property are understood patent rights, authors, mark, drawings and model rights and/or other (intellectual property) rights, among which presence or absence of patentable technical and/or commercial know-how, methods and concepts,

8.3     
The other party  is prohibited to use or modify in the intellectual property rights such as described in this Article, like for example copying without explicit written authorisation in advance by ABC Art, its subcontractors or other claimants, unless it concerns purely private use of the product itself.


9.         Portrait and copyrights


9.1     
Responsibility of possible portrait and copyrights of mages and photographs sent by mail or e-mail to ABC Art to be copied as paintings, lies with the other party.

9.2
     The other party can use its images and photograph painted for him only for personal use (at home or office). It is not allowed to use the paintings for commercial purposes without written authorisation of ABC Art.

9.3     
ABC Art is at all times entitled to refuse orders for painting copies of photographs or images.


10.      Personal data


10.1
   ABC Art will process the data of the other party exclusively in agreement with its privacy policy. The internet site contains a Privacy statement.


11.      Miscellaneous


11.1   
If you give ABC Art a written notification of an address, ABC Art is entitled to send all orders to that address, unless you give ABC Art a written notification of another address to which your orders to have to be sent.

11.2
   When ABC Art permits, whether tacitly or not, during short or longer time, deviations of these conditions, it still has the right to require direct and strict compliance with these conditions. You can never derive any right on the basis of the fact that ABC Art applies these conditions smoothly.

11.3   
If one or more of the provisions of these conditions or any other agreement with ABC should Art are in conflict with any legal regulation, the concerning provision will expire and be replaced by new by law admissible similar provisions by ABC Art .

11.4   
ABC Art has the right to make use of third parties to process your order.


12.      Applicable law and jurisdiction


12.1   
To all rights, obligations, offers, orders and agreements to which these Conditions apply, including these Terms and Conditions, only Dutch law applies.

12.2
    All disputes between parties will only be submitted to a competent court in the Netherlands.


13.      Conditions gift voucher and discount voucher


13.1   
Gift vouchers and discount vouchers are valid on the whole stock of ABC Art and the declared value is in euro, including VAT. Gift vouchers and discount vouchers are not valid in combination with other promotions.

13.2   
If the value of a chosen painting is higher than the value of the gift voucher or discount voucher the remaining amount must be paid extra. The whole value of the gift voucher or discount voucher must be used in one order. Any remaining amount gives no right to refund. The gift voucher or discount voucher is not exchangeable against cash money, even after an appeal to the guarantee mentioned in Article 7.

13.3
   The gift voucher or discount voucher has a validity of 12 months after the issuing date, which is mentioned on the gift order.

13.4
   Adjusting the value, issuing date, and/or serial number makes the gift voucher or discount voucher invalid.

13.5
   ABC Art can request the other party to send the original gift voucher or discount voucher, up to two weeks after delivery to ABC Art.

www.abcart.nl
Rooseveltlaan 10
1078 NH Amsterdam,
The Netherlands
info@abcart.nl

KvK-number: 34201132 Chamber of Commerce of Amsterdam
VAT number Netherlands: 1305.99.487.B02

 

 

 
Copyright © 2017 ABC Art  KvK: 34201132