General terms and conditions
1. General provisions
Article 1 Applicability
1.1 In these terms and conditions shall apply:
Seller: St. Art Gallery;
Product / products: by St. Art Gallery offered or delivered;
Customer: the (potential) customer of St. Art Gallery;
Product ordering: the procedure whereby a Customer orders a product, the Customer pays the product and St. Art Gallery delivers the product at the address specified by the Customer;
Product Reserve: the procedure whereby the Customer reserve a product and where the Customer the product collect and settles at the business address of St. Art Gallery;
Customer: the Customer who is not acting in a profession or business;
Business Customer: the Customer who acts in a profession or business.
1.2 These conditions apply to all (online) offers and settled agreements from St. Art Gallery
1.3 Should the content of these terms unclear, please contact St. Art Gallery at + 31-(0)6-24365298 and/or by e-mail: firstname.lastname@example.org
Article 2 Offers, orders and agreements
2.1 All offers of St. Art Gallery are not obligatory. Orders and acceptances of offers by the Customer shall be irrevocable.
2.2 An agreement between St. Art Gallery and the Customer shall be realized if the Customer has provided all information requested by St. Art Gallery and St. Art Gallery has provided the commission (order / reservation) to the Customer, who has provided the (e-mail) address.
2.3 Upon receipt the Customer must report any inaccuracies in the order confirmation immediately to St. Art Gallery. If the customer fail to do so, the order has been deemed as correct.
Article 3 Conformity
3.1 Statements of St. Art Gallery with respect to products are to the best efforts and are not binding.
3.2 Images, descriptions, pictures, catalogs, advertising material, offers and on the website from St. Art Gallery recorded information, in whatever form, do not bind St. Art Gallery.
Article 4 Intellectual property
The intellectual property rights relating to the website from St. Art Gallery, the design thereof and on the website from St. Art Gallery included descriptions, images, photos, videos and other information, in whatever form, belong to and /or are licensed to St. Art Gallery or to any St. Art Gallery affiliated company.
Article 5 Prices
5.1 The Customer (purchase) price and additional costs for shipping, VAT and any other costs or other charges are clearly specified in the order confirmation and / or invoice produced by St. Art Gallery.
5.2 On the website from St. Art Gallery prices are not binding and are subject to (future) changes.
Article 6 Force Majeure
6.1 If St. Art Gallery will be affected by Force Majeure, St Art Gallery is entitled to suspend the execution of the agreement. The Customer shall in that case not be entitled to any compensation for damages or costs.
6.2 It is herewith understood and agreed that Force majeure shall be also understood as follows: the non-delivery or late delivery of products or services by third parties who have been assigned by St. Art Gallery.
6.3 If the Force Majeure lasts longer than 30 days the Customer and St. Art Gallery are entitled to terminate the (unenforceable part of the) contract in writing. The Customer shall in that case not be entitled to any compensation for damages or costs.
Article 7 Ownership
7.1 Ownership of the delivered and to be delivered products passes to the Customer, when the Customer has met all his/her payment obligations towards St. Art Gallery.
7.2 If the Customer fails to fulfill these obligations, St. Art Gallery is entitled to recover the products from the place where they are located at the full expense of the Customer.
7.3 The Customer is not entitled to pledge and/or transfer the ownership of products which have not been paid yet. The Customer is obliged to keep the unpaid products under the necessary care. The Customer is obliged to store the unpaid products as recognizable property of St. Art Gallery.
Article 8 Advice
8.1 Advice given and statements made about the products specified on St. Art Gallery’s website are not binding and this information is provided by St. Art Gallery based on non-binding principles. St. Art Gallery do not guarantee the content of the website.
8.2 St. Art Gallery is not liable for any direct or indirect or consequential damage or loss, in any form and for any reason whatsoever, arising from this information and / or advice.
Article 9 Liability
9.1 St. Art Gallery is not liable for any consequential damages/ loss, and/ or (other) indirect damages/ loss, unless the liability is based on gross negligence or willful misconduct of St. Art Gallery.
9.2 In the cases where St. Art Gallery is obliged to pay to the Customer, the compensation for the damages / loss shall never exceed the invoice value of the products.
9.3 Any claim against St. Art Gallery, do expire 12 months after the claim has raised, unless St. Art Gallery do agree in written with an extension of the period in consultation with the Customer.
Article 10 Privacy
10.1 St. Art Gallery respects the privacy of the Customer.The personal data of the Customer will be treated in accordance with applicable privacy legislation and in conformity with the Privacy Statement, mentioned on the website from St. Art Gallery. The Customer hereby agrees to the processing of his/her personal data.
2. Specific provisions
Article 11 Delivery time and delivery
11.1 Proposed delivery times are approximate and commence as soon as St. Art Gallery has confirmed the order by order confirmation. Delivery times cannot be seen as fatal periods. Exceeding the delivery time, St. Art Gallery is not be liable for any damages-loss and the Customer is not entitled to withdraw and-or suspend the contract obligations.
11.2 The Customer is entitled to terminate the agreement within 30 days after the originally specified or agreed delivery time of the contract has given provided that St. Art Gallery is not liable for any damage/loss and St. Art Gallery will be released from any obligation to deliver or pay any compensation.
11.3 The products will be delivered at the address indicated in the order confirmation. The Customer is obliged to take the product under custody immediately after arrival at the destination. At the time of delivery, the risk passes to the Customer.
11.4 If the Customer does not accept the products, St. Art Gallery will store the products, as long as needed by St. Art Gallery, for the account and risk of the Customer. St. Art Gallery has in this case the choice to fulfill the contract or to terminate the agreement, without prejudice to its rights to compensation for damages and lost profits, costs including storage.
11.5 St. Art Gallery is not obliged to deliver again on the request of the Customer. If St. Art Gallery will decide on request of the Customer to deliver again, then the associated costs are fully for the Customer.
11.6 St. Art Gallery is authorized to execute the contract partly. St. Art Gallery could demand payment of that portion only of the contract that has been executed.
Article 12 Payment
12.1 Payment of the product needs to be done prior to delivery. Payment will be done by way of cash payment, a direct transfer to the bank account of St. Art Gallery, PayPal, iDEAL or credit card.
12.2 If payments are not in time, St. Art Gallery could calculate to the Customer without further notice on the invoice amount an interest charge of 1.5 percent per month, calculated from the due date until the date of payment.
12.3 All of the recovery costs shall be borne by the Customer. The extra judicial collection costs amount at least 15 percent of the amount to be recovered with a minimum of EUR 40.- and a maximum of EUR 375.-.
12.4 The Customer waives any rights to calculate amounts owned and obliged to pay.
Article 13 Complaints
13.1 Any complaint with respect to the quantity of products delivered must be reported within 7 days after delivery by e-mail to St. Art Gallery. The Customer needs to have evidence in a form of a delivery ticket – confirmation, which the quantities specifies.
13.2 If the Customer’s complaint, he/she is obliged to hold the products on which a claim has been made, available to the account of St. Art Gallery.
13.3 Return to St. Art Gallery of sold products can only be based on a return request in accordance with the return procedure described on the website of St. Art Gallery. St. Art Gallery reserves the right not to honor unreasonable return requests. Dispatch or transport and related costs shall be for the Customer. St. Art Gallery will reimburse the, by St. Art Gallery approved, return shipping costs only if it is established, that there is a shortcoming of St. Art Gallery.
13.4 Any defects on some of the products give the Customer not the right to reject or refuse the entire batch delivered of the other products.
13.5 Complaints do not suspend the payment obligations of the Customer.
13.6 After discovering a defect in a product, the Customer is obliged to do everything to prevent any additional damage –loss, including any immediate cessation of use.
13.7 These provisions are without prejudice to the rights which the Customer has under the Dutch law and which cannot be waived.
Article 14 Cancellation and reflection
14.1 A Business Customer can not cancel the purchase of products. If a Business Customer cancels a purchase anyway, the Business Customer is obliged to compensate contract costs reasonably incurred, the work of St. Art Gallery and the lost of profits by St. Art Gallery, plus VAT, to St. Art Gallery.
14.2 A Customer may cancel a purchase of products at a distance without a notification of reason within 7 working days after the delivery of the product. If the Customer will use the possibilityof such termination option, the Customer is obliged to return the products in accordance with the return procedure described on the website of St. Art Gallery within 7 working days after the date of termination at the Customer own expense. The purchase price paid by the Customer, will be refunded minus the administration costs as described in the return procedure, by St. Art Gallery within 30 days after the dissolution. Dissolution is not possible in respect of products which are damaged, not part of the original and undamaged packaging which have used, or have become unsuitable for sale.
14.3 St. Art Gallery is entitled to impair or to deduct the purchase price of the returned products, if those products are not in the state as they have been supplied to the Customer, including original packaging.
14.4 St. Art Gallery is not responsible for the processing times that banks in the handling of refunds apply.
Article 15 Final provisions
15.1 The effect of any international convention on the sale of products, do not apply and is hereby expressly excluded. More specifically, the applicability of the Vienna Sales Convention 1980 (CISG 1980) is explicitly excluded.
15.2 If the Customer act on behalf of one or other party, notwithstanding the liability and obligations out of the contract, the other party will be treated as the same Customer.
15.3 If any provision of these terms and conditions in relation to the Customer are not legally valid herewith is considered that instead of the invalid provision, the legal provision will apply which is in the scope of the contract in line with former purpose of the invalid provision.
15.4 All disputes between St. Art Gallery and the Customer will be settled exclusively by the competent Court in the Netherlands. However: St. Art Gallery is authorized to apply to the court of the domicile / seat of the Customer if such residence / registered office is situated outside the Netherlands.
15.5 All agreements made by St. Art Gallery shall be exclusively governed by Dutch law.
© 2013 St. Art Gallery | All rights reserved