Terms and conditions
GENERAL TERMS AND CONDITIONS
Article 1 – General
These general terms and conditions apply to all offers, assignments, quotations, order confirmations, and agreements offered by or concluded with Kunstiek.
Deviations from these general terms and conditions are only valid if agreed upon in writing.
Any general terms and conditions from the buyer are explicitly rejected by Kunstiek.
No oral or written statement by Kunstiek shall imply a waiver of any rights or legal remedies available to Kunstiek.
Article 2 – Formation of the Agreement
The agreement between Kunstiek and the Client is concluded when the Client accepts Kunstiek’s offer.
Article 3 – Purchase Prices and Payment
The stated purchase prices are in Euros and include VAT, unless explicitly agreed otherwise. Price changes resulting from legal provisions, such as VAT changes, may be passed on to the Client.
unless explicitly agreed otherwise, the costs of (international) shipping, returns, import/export duties, packaging, and insurance are at the buyer’s expense.
Kunstiek does not accept cash payments. Payment is only possible via bank transfer or credit card, including iDEAL payments.
Payment may be made based on an invoice. In such cases, Kunstiek is entitled to require a down payment of up to half of the purchase price at the time of agreement.
If an invoice is issued, the payment term is 14 days from the invoice date. The Client is in default simply by the expiration of this term and will owe statutory interest from the date the default begins.
Any reasonable extrajudicial collection costs incurred by Kunstiek will be charged to the Client.
Article 4 – Option Terms
You may place an option on one or more artworks. Should another interested party express intent to purchase an artwork you have an option on, we will contact you by phone for further consultation. If you cannot be reached, the artwork may be sold to the interested party.
Article 5 – Delivery
The artwork is delivered to the buyer immediately after payment, unless explicitly agreed otherwise.
Delivery occurs when the buyer collects the artwork or arranges for it to be collected, or if delivery has been agreed upon.
Unless explicitly agreed otherwise, the artwork is at the buyer’s risk from the moment of delivery, even if ownership has not yet transferred.
Complaints regarding defects in the purchased artwork must be submitted to Kunstiek in a timely manner after discovery; within one month is considered timely. Failure to report in time may result in forfeiture of rights.
Article 6 – Retention of Title
As long as the Client has not paid the full purchase amount and any additional costs, Kunstiek retains ownership of the artwork. Ownership transfers to the Client once all obligations to Kunstiek are fulfilled. Until then, the buyer may not sell, lease, process, alter, restore, or otherwise infringe upon Kunstiek’s ownership rights.
Article 7 – Warranties / Non-Conformity / Exchange / Dissolution by Buyer
The buyer purchases the artwork in its current state ("as is") and accepts its characteristics as reasonably known at the time of purchase.
The nature of the artwork means that due to evolving insights and age-related characteristics, its properties may change over time.
Kunstiek guarantees the authenticity of the artwork, unless the guarantee is explicitly or implicitly excluded (e.g. based on the purchase price or a specific attribution) and unless evolving insights unexpectedly affect the artwork’s authenticity.
If the artwork does not conform to the agreement, the buyer must notify Kunstiek within the 15-day payment term—or in the case of hidden defects, within one month of discovery—submitting one or more expert reports confirming the non-conformity, or the right to claim may be forfeited.
In the event of a situation as described in section 4, and provided the artwork is still in the same condition as when delivered, the buyer may dissolve the purchase agreement with Kunstiek’s consent if hidden defects or misrepresentation are such that the buyer would have refrained from the purchase or paid a significantly lower price.
Kunstiek will under no circumstances refund more than the original purchase price to the buyer.
Article 8 – Suspension and Set-Off
The buyer may not suspend (contrary to Section 7 of Book 6 of the Dutch Civil Code) or offset (contrary to Section 12 of Book 6 of the Dutch Civil Code) their obligations to Kunstiek.
Article 9 – Client Investigation / Dissolution by Kunstiek
Based on the "General Guideline for the Prevention of Money Laundering and Terrorist Financing (Wwft)" by the Dutch Ministries of Finance and Justice & Security, Kunstiek is required for sales over €10,000 to collect the buyer’s personal data (including a copy of ID) and conduct a client investigation.
Kunstiek may dissolve the agreement with the buyer if:
a) The buyer fails to pay on time, directly after the payment deadline;
b) In case of (a request for) bankruptcy, suspension of payment, debt restructuring, or guardianship;
c) The buyer (if a legal entity) is dissolved;
d) The buyer fails to provide necessary personal data required for Kunstiek’s legal obligations or Wwft-related investigations;
e) The outcome of the client investigation prohibits Kunstiek from conducting transactions with the buyer.
Article 10 – Liability
Kunstiek is only liable in cases of gross negligence or non-conformity in fulfilling the (purchase) agreement. Liability is limited to the amount invoiced to the buyer under the agreement. Kunstiek is not liable for business losses, financial losses, consequential damages, indirect damages, physical damage to the artwork, theft, or destruction.
Kunstiek is not liable for damages caused by incorrect or incomplete information provided by the buyer.
Article 11 – Applicable Law and Competent Court
Dutch law applies to the agreement and any other legal relationships between the Client and Kunstiek. The Vienna Convention on Contracts for the International Sale of Goods does not apply.
Any disputes arising between Kunstiek and the buyer will be settled by the court in Enschede, unless mandatory legal provisions dictate otherwise.
Article 12 – Consumer Rights
If the agreement is concluded remotely between Kunstiek and a natural person not acting in a professional or business capacity (consumer), the following applies: For 14 days from the day the artwork is received by the buyer or a designated third party, the buyer has the right to cancel the agreement free of charge and without giving any reason. Cancellation must be made in writing (email, letter) or by another clear and unequivocal declaration addressed to Kunstiek.
For remote consumer purchases, the risk of the artwork transfers to the buyer at the moment it is received by the buyer or their designated third party.
Article 13 – Data Protection Act
Kunstiek will process the Client's personal data and store it in a file. The purpose of processing this data is to fulfill the agreement with the Client and to keep the Client informed about Kunstiek and its activities.
The Client may request information at any time about whether and which personal data is being processed. If the Client believes the data should be corrected, supplemented, deleted, or protected, they must notify Kunstiek in writing or electronically.
Article 14 – Intellectual Property
The copyright of the artwork remains with the Artist. This copyright imposes restrictions on the Client regarding the use, publication, and reproduction of the artwork.
