Terms and Conditions

 

Article 1 – Applicable Conditions

1. These general terms and conditions apply to every offer from the artist and to every distance contract and orders concluded between the artist and the consumer.
2. 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 it can be read by the consumer. consumer can be easily stored on a durable data carrier.
3. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these general terms and conditions.

 

Article 2 - Identity of the artist

Photo Artist  Mario Letschert;
Pergola 91
1628 LR Hoorn
The Netherlands

Phone number: +31 (0)6-11863687
E-mail address: info@fotokunstenaarletschert.nl
Chamber of Commerce number: 78202566
VAT identification number: NL003299968B15

 

Article 3 - The offer
1. The offer is without obligation. The artist is entitled to change and adapt the offer.
2. The offer contains a complete description of the works of art offered. The description is sufficiently detailed to enable a good assessment of the offer by the consumer. If the artist uses images, these are a true representation of the artworks offered.
3. All images and specifications in the offer are indicative and cannot give rise to compensation or termination of the agreement.
4. Images of the works of art are a true representation of the works of art offered. artist cannot guarantee that the colors shown exactly match the real colors of the artworks.
5. Each offer contains such information that it is clear to the consumer what the rights and obligations are associated with accepting the offer. This concerns in the special:

◦ the price including taxes;
◦ any shipping costs;
◦ the manner in which the agreement will be concluded and what actions are required for this;
◦ whether or not the right of withdrawal applies;
◦ the method of payment, delivery and execution of the agreement;
◦ the way in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, restore it;

 

Article 4 – Delivery

1. The artist will exercise the utmost care when receiving and executing orders for works of art and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has communicated to the company.
3. The artwork will be delivered within 1 month, unless otherwise agreed. If the notarial certificate is already with the artist, delivery can take place earlier.
4. All delivery times are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a term does not entitle the consumer to compensation.
5. Delivery of the artwork takes place when the artist offers the artwork to a carrier for transport or when the artist himself delivers the artwork to the buyer.
6. The risk of damage and/or loss of works of art rests with the artist until the moment of delivery to the consumer or a representative designated in advance and made known to the artist, unless expressly agreed otherwise.
7. The risk of loss and/or damage to the artwork passes to the buyer at the time of delivery. If the buyer does not purchase, all costs incurred by the artist for the notary, print, framing costs and transport will also be borne by the buyer. In addition, the buyer is liable for all damage suffered by the artist due to non-purchase.

 

Article 5 – Force majeure

1. If the artist is unable to fulfill any obligation towards the buyer due to force majeure, that obligation will be suspended during the period during which the force majeure continues. If the force majeure situation has lasted for six months, both parties have the right to terminate the agreement in whole or in part, without any right to compensation for damage, costs or interest.
2. “Force majeure” includes any circumstance beyond the control of the artist that permanently or temporarily prevents the fulfillment of the agreement. Force majeure should in any case be understood as: war or similar situations, riot, sabotage, boycott, strike, occupation, blockade, illness of the artist, failure of transporters, natural disasters, bad weather, lightning strike, flood, fire, explosion and release of hazardous substances or gases.

Article 6 - Conformity and Warranty

1. The artist guarantees that the works of art comply with the agreement, the specifications stated in the offer and the legal provisions and/or government regulations in force on the date of the conclusion of the agreement.
2. A guarantee provided by the artist does not affect the legal rights and claims that the consumer can assert against the artist under the agreement.
3. Any defects or incorrectly delivered works of art must be reported to the artist in writing within 4 weeks of delivery. The artwork must be returned in the original packaging and in new condition.
4. The artist's warranty period corresponds to the manufacturer's warranty period. However, the artist is never responsible for the ultimate suitability of the works of art for each individual application by the consumer.
5. The warranty does not apply if:

• The consumer has repaired and/or edited the delivered works of art himself or has had them repaired and/or edited by third parties;
• The works of art delivered have been exposed to abnormal conditions or otherwise treated carelessly;
• The defect is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.

 

Article 7 - Costs in case of withdrawal

1. If the consumer exercises his right of withdrawal, a maximum of the costs of return will be borne by him.
2. If the consumer has paid an amount, the artist will refund this amount as soon as possible, but no later than within 14 days after cancellation. This is subject to the condition that the product has already been received back by the artist or that conclusive proof of complete return can be submitted. Refunds will be made via the same payment method used by the consumer unless the consumer expressly consents to another payment method.
3. If the product is damaged due to careless handling by the consumer himself, the consumer is liable for any reduction in value of the product.
4. The consumer cannot be held liable for depreciation of the product if the artist has not provided all legally required information about the right of withdrawal, this must be done before concluding the purchase agreement.

 

Article 8 – Copyright

1. The copyright on the artwork belongs to the artist.
2. The buyer is not permitted to reproduce the artwork he has purchased.

 

Article 9 – Disputes

1. Agreements between the artist and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the consumer lives abroad.