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Terms of service

Article 1 - General

1. These general terms and conditions apply to all offers, instructions, quotations, order confirmations and agreements offered by or entered into with Kunstiek.

2. Any deviation from these general terms and conditions must be agreed in writing.

3. The applicability of any general terms and conditions of the buyer is expressly rejected by Kunstiek.

4. No oral or written statement by Kunstiek shall constitute a waiver of any rights or remedies available to Kunstiek.

Article 2 - Formation of the agreement

The agreement between Kunstiek and the Customer is concluded upon the Customer’s acceptance of Kunstiek’s offer.

Article 3 - Purchase prices and payment

1. The stated purchase prices are in euros and include VAT, unless expressly agreed otherwise. Price changes arising from legislation, including changes relating to VAT, may be passed on to the Customer.

2. Unless expressly agreed otherwise, the costs of international or other shipping, returns, import and export duties, packaging and insurance shall be borne by the buyer.

3. Payment may be made by bank transfer, iDEAL or in cash. Cash payments are accepted only insofar as permitted by law. Cash payments of €3,000 or more are not accepted.

4. Payment may also be made on the basis of an invoice. In that case, Kunstiek is entitled, upon entering into the agreement, to require a deposit from the Customer of no more than half of the purchase price.

5. If an invoice is issued, the payment term is 14 days from the invoice date. If the Customer fails to pay on time, statutory interest shall be due insofar as permitted by law. Extrajudicial collection costs shall only be charged to a consumer after the consumer has been given written notice in accordance with the applicable statutory requirements and the period stated in that notice has expired without payment.

Any reasonable extrajudicial costs incurred by Kunstiek shall be borne by the Customer.

Article 4 - Reservation terms

You may place one or more works of art on reserve. If another interested party wishes to purchase a work of art that you have reserved, we will contact you by telephone to discuss the matter. If we are unable to reach you, we may sell the work of art to the other interested party.

Article 5 - Delivery

1. The work of art will be delivered to the buyer immediately after payment, unless expressly agreed otherwise.

2. Delivery of the work of art takes place when the buyer collects or arranges collection of the work, or, where agreed, when the work is delivered.

3. The risk of loss of or damage to the work of art passes to the buyer at the time of delivery. In the case of delivery to a consumer, the risk passes at the time the consumer, or a third party designated by the consumer, takes possession of the work of art.

4. Complaints concerning defects in the purchased work of art must be submitted to Kunstiek within a reasonable period after the defect has been identified, whereby a complaint made within one month shall in any event be considered timely. Failure to complain within a reasonable period may result in the loss of rights.

Article 6 - Retention of title

Until the Customer has paid the full purchase price and any additional costs, Kunstiek retains title to the work of art. Title passes to the Customer once the Customer has fulfilled all obligations towards Kunstiek. Until title has passed to the buyer, the buyer may not sell, rent out, process, alter, restore or otherwise interfere with Kunstiek’s ownership rights in respect of the work of art.

Article 7 - Warranties/non-conformity/exchanges/termination by the buyer

1. The buyer purchases the work of art in the condition in which it exists at the time of purchase. In assessing what the buyer may reasonably expect from the work of art, account shall be taken of, among other things, its age, the materials used, its visible condition and the information provided before the purchase. This provision does not affect the statutory rights of consumers.

2. The nature of the work of art means that its characteristics may change as a result of ageing and developments in knowledge or attribution.

3. Where a work of art is expressly offered as an authentic work by a named artist, Kunstiek warrants the accuracy of that description on the basis of the knowledge and information available at the time of sale. If a work is offered subject to a qualification, for example as “attributed to”, “studio of”, “circle of” or a similar designation, the authenticity warranty does not constitute an unconditional attribution to the named artist.

4. If the buyer believes that the work of art does not conform to the agreement, the buyer must notify Kunstiek within a reasonable period after discovering the issue and must give Kunstiek the opportunity to investigate the complaint. Where reasonably necessary for the assessment of the complaint, Kunstiek may require further expert examination. The statutory rules on non-conformity continue to apply in full to consumers.

5. If a work of art does not conform to the agreement, the buyer shall have the statutory rights and remedies available under the law. In the case of a consumer, these rights may include repair, replacement, a reduction in price or termination of the agreement, insofar as provided for by law.

6. To the extent permitted by law, any refund of the purchase price is limited to the amount paid by the buyer for the work of art.

Article 8 - Suspension and set-off

1. To the extent permitted by law, the buyer is not entitled to suspend payment obligations towards Kunstiek or to set off such obligations. This restriction does not apply insofar as the buyer is entitled to suspension or set-off under mandatory law.

Article 9 - Customer due diligence/termination by Kunstiek

1. Kunstiek is subject to the obligations arising from the Dutch Money Laundering and Terrorist Financing (Prevention) Act (Wet ter voorkoming van witwassen en financieren van terrorisme, Wwft). Where required under the Wwft, Kunstiek may request the buyer to provide the information and documents necessary for customer due diligence and to verify the buyer’s identity.

2. Kunstiek may terminate the agreement concluded with the buyer if:

a) the buyer fails to make payment on time, immediately following expiry of the payment term;

b) the buyer is subject to, or an application has been made for, bankruptcy, suspension of payments, debt restructuring or placement under guardianship;

c) the buyer, being a legal entity, is dissolved;

d) the buyer fails to provide the correct personal data required by Kunstiek in order to comply with its statutory administrative obligations or to carry out customer due diligence required under the Dutch Money Laundering and Terrorist Financing (Prevention) Act;

e) as a result of the customer due diligence referred to under d), Kunstiek is not permitted to carry out transactions with the buyer.

Article 10 - Liability

1. Kunstiek shall only be liable in the event of gross negligence or negligent failure on its part in the performance of the purchase agreement or other agreement, and in the event of non-conformity. Kunstiek’s liability shall in any event be limited to the amount invoiced to the buyer under the agreement concluded between Kunstiek and the buyer. Kunstiek shall under no circumstances be liable for business losses, financial losses, consequential losses and/or indirect losses suffered by the buyer, or for physical damage to the work of art, theft or destruction of the work of art.

2. Kunstiek shall not be liable for damage resulting from incorrect or incomplete information provided by the buyer.

Article 11 - Applicable law and competent court

1. The agreement and any other legal relationship between the Customer and Kunstiek are governed by Dutch law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

2. Disputes between Kunstiek and the buyer shall be submitted to the court having jurisdiction under the law. Insofar as the parties may validly designate a competent court, the District Court of Overijssel shall have jurisdiction.

Article 12 - Consumer rights

1. If a consumer enters into a distance contract, the consumer is in principle entitled to terminate the agreement without giving reasons within 14 days after receiving the work of art. The consumer may use the model withdrawal form for this purpose but is not obliged to do so.

2. Following termination, the consumer must return the work of art to Kunstiek or hand it over to Kunstiek within 14 days. The direct costs of returning the work of art shall be borne by the consumer, provided that Kunstiek has informed the consumer of this in advance.

3. Kunstiek will refund the payments received, including the cost of the standard delivery method offered by Kunstiek, after the returned work of art has been received and inspected by Kunstiek.

4. The consumer shall only be liable for any reduction in value of the work of art resulting from handling that goes beyond what is necessary to establish the nature, characteristics and condition of the work of art.

Article 13 - Privacy and personal data

Kunstiek processes personal data insofar as necessary for the performance of the agreement and insofar as processing is permitted on another lawful basis. Further information on the processing of personal data is set out in Kunstiek’s privacy policy.

Article 14 - Intellectual property

Copyright in the work of art remains vested in the artist. This copyright imposes restrictions on the Customer with regard to the use, publication and reproduction of the work of art.

Article 15 - Complaints

1. Complaints concerning the performance of the agreement may be submitted to Kunstiek using the contact details stated on the website. Kunstiek will provide a substantive response to the complaint within a reasonable period.