Article 1. Definitions
1. In these general terms and conditions, the following terms are used in the sense given below, unless explicitly indicated otherwise.
User: the user of the general terms and conditions;
The gallery/ customer: an opposite party being a natural person or in the course of a business or a profession;
Agreement: the agreement between user and customer;
The purchase: the agreement of sale concerning a moveable property, concluded by a seller acting in the course of a profession or a business, and a customer being a natural person or acting in the course of a profession or a business.
Article 2. General
1. These terms and conditions shall apply to each and every offer, quotation and agreement between user and the customer to which the user has declared the present terms and conditions applicable, insofar as parties have not explicitly deviated from these terms and conditions in writing.
Article 3. Applicability
To each and every offer, order and agreement of Kunst-Media,com, these General Terms and Conditions of Sale (hereinafter: ‘Terms and Conditions of Sale’) apply, to the exclusion of any other terms and conditions. Accepting an offer or placing an order shall imply that you agree to the applicability of these Terms and Conditions of Sale. The provisions in these Terms and Conditions of Sale can only be deviated from, after written notice or approval by kunst-media.com, in which case all remaining provisions shall remain fully in force. All rights and claims, such as stipulated in these Terms and Conditions of Sale, and in any subsequent agreements on behalf of kunst-media.com shall also be stipulated on behalf of any called in intermediates and other third parties engaged by Kunst-media.com. These Terms and Conditions of Sale respect the rights of the customer/consumer which result from the law.
Article 4. Offers/agreements
All Kunst-media.com offers shall be free of obligations and Kunst-media.com explicitly reserves the right to change the prices, in particular when that is necessary pursuant to (legal) regulations. An agreement can be concluded only after acceptance of your order by Kunst-media.com. Kunst-media.com shall be entitled to refuse orders or to attach certain conditions to the delivery, unless explicitly determined otherwise. If an order is not accepted, Kunst-media.com shall give notification of this within 15 business days after receipt of the order.
Article 5. Delivery
The by Kunst-Media.com given times of delivery shall be indicative only. Exceeding any delivery period shall not entitle you to compensation or give you the right to cancel the order or to dissolve the agreement, unless the delivery period is so radically overrun that you cannot reasonably be expected to uphold the agreement. In that case, you shall be entitled to cancel the order or dissolve the agreement as far as necessary. Delivery of the products shall take place at the address and time when the products are ready to be sent to you. Kunst-media.com items shall be sent in strong Foam/cardboard cylinders/boxes. In the event of damage during transport, Kunst-media.com items may be replaced, provided that you shall notify us thereof in writing within fourteen(14) business days after shipment.
Article 6. Prices and payments.
The indicated prices for the offered products and services shall be stated in European Euros including VAT and excluding shipping costs, unless stated otherwise or agreed upon in writing. If Kunst-media outsources the collection, you shall pay the collection fees, which shall be at least fifteen percent (15%) of the outstanding amount, without prejudice to the competence of Kunst-media.com to demand the actual non-legal collection charges incurred. If you are in default of any payment, Kunst-media.com shall be entitled to suspend or to dissolve (the carrying out of) the respective agreement and the associated agreements. If the prices for the offered products and services increase during the period between the order and the carrying out of the order, you shall be entitled to cancel the order or dissolve the agreement within seven days after the price increase announcement by kunst-media.com.
Article 7. Retention of title
The ownership of the delivered products shall only be transferred after you have fulfilled all obligations of any agreement to kunst-media.com. Upon delivery, all risks regarding the product shall be transferred to you.
Article 8. Intellectual and industrial property rights
You shall respect all intellectual and industrial property rights and copyrights which rest upon the products delivered by Kunst-media.com in their entirety and without reservation. Kunst-Media.com cannot guarantee that the products delivered shall not infringe any (non-written) intellectual and/or industrial property rights of third parties.
Kunst-media cannot be held resposible for the artwork that the artists make because the artistic freedom rights.
Explicitly mentioned in provisions of both International Covenants, the right to freedom of artistic expression is a fundamental aspect of cultural rights. It includes the freedom to seek, receive and impart information and ideas of all kinds “in the form of art”, the right “to enjoy the arts” and the creativity of others, as well as obligations from States to “respect the freedom indispensable for…creative activity”.
Article 9. Complaints and liability
Upon delivery, you shall be obliged to check whether the products meet the agreement. If they do not, you shall inform Kunst-media.com as soon as possible and in any case within fourteen(7) business days after delivery, at least after observation was reasonably possible, in writing and stating your motivation. If it has been shown that the products do not meet the agreement, Kunst-media shall have to choose whether to replace the returned products with new products (excluding shipping costs) or to refund the invoice value.
Article 10. Orders/communication
Kunst-media.com shall not be liable for misunderstandings, mutilations, delays or order data and messages not being received properly as a result of the use of the Internet or any other means of communication used in dealings between you and Kunst-media, or between Kunst-media.com and third parties, insofar such regards the relationship between you and Kunst-media.com except for cases of intent or gross negligence on the part of Kunst-media.com. Personal data shall not be supplied to third parties.
Article 11. Kunst-media.com respects and protects your privacy.
Your personal data shall be safe with us. We attach great value to your confidence in our company and all personal information you provide us with, shall be treated with the utmost care and confidentiality. Kunst-media.com confines itself to registration of the data necessary for the completion of the order and the communication hereof with you, as a buyer. Under no circumstances Kunst-media.com shall supply personal data to third parties. Kunst-media.com shall enter the data provided by you in a file. Unless you have stated that you do not appreciate this, your data shall be used to attune our products and services to your interests and to inform you hereof. The processing of your data shall take place in accordance with the applicable legislation and regulations.
Article 12. Force Majeure
Without prejudice to its other rights, in the event of Force Majeure Kunst-media.com shall be entitled, as it sees fit, to defer the execution of your order, or dissolve the agreement without judicial intervention, by notifying you in writing to that effect and without Kunst-media.com being obliged to pay any compensation, unless this would be unacceptable in the given circumstances, according to the criteria of reasonableness and fairness. “Force Majeure” refers to any failure which cannot be attributed to Kunst-media.com, because it is not the fault of Kunst-media.com, nor is Kunst-media.com accountable for this pursuant law, legal act or generally accepted standards.
Article 13. Miscellaneous
If you provide Kunst-media.com with a written address, Kunst-media.com shall be entitled to send all orders to that address, unless you provide Kunst-media.com with a different written address to which your orders have to be sent. If Kunst-media.com allows deviations from these Terms and Conditions of Sale in the short- or long term and whether or not tacitly, such shall not interfere with its right to nevertheless demand direct and strict adherence to these Terms and Conditions of Sale. You may never assert any right based on the fact that Kunst-media.com applies these Terms and Conditions of Sale flexibly. If one or more of the provisions of these Terms and Conditions of Sale or any other agreement with Kunst-media.com should be at variance with any applicable legal provision, the respective regulation shall be cancelled and replaced by a new legally permissible and comparable provision to be determined by Kunst-media.com. Kunst-media.com shall be entitled to call in third parties in carrying out your order(s).
Kunst-media.com shall be entitled to refuse texts written by you in a letter accompanying the deliverables, in order to respect the general standards and values. This shall entirely be at the discretion of Kunst-media.com. Responsibility and limitation of liability Kunst-media.com cannot guarantee that the Kunst-media.com website shall function continuously or error-free.
Article 14. Applicable law and competent courts
Dutch law shall solely apply to all rights, obligations, offers, orders and agreements to which these Terms and Conditions of Sale apply, as well as to these Terms and Conditions of Sale. All disputes between parties shall exclusively be brought before the competent courts in the Netherlands.