Table of contents
Article 1 - Definitions
Article 2 - The artists identity
Article 3 - Scope of application
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Customer’s obligations during the reflection period
Article 8 - Exercising the Customer’s right of withdrawal and the costs
Article 9 - Artists obligation in case of withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Compliance and warranty
Article 13 - Delivery and execution
Article 14 - Payment
Article 15 - Complaints procedure
Article 16 - Disputes
Article 17 - Copyright
Article 1: Definitions
In these Terms and Conditions, the following terms shall apply:
1. Additional agreement: an agreement in which the Customer acquires products, assignments and digital content with respect to a distance
agreement and these goods, digital content and/or assignments are delivered by the Artist
2. Reflection period: the period during which the Customer may use his right of withdrawal;
the natural person who does not act for purposes related to his/her commercial, trade, craft or professional activities;
the legal (cooperate) person who does act for purposes related to his/her commercial,trade, craft or professional activities
4. Day: calendar day;
5. Digital content: data produced and delivered in digital form;
6. Continuing performance contract: a contract serving to deliver goods, assignments and/or digital content in a given period;
7. Sustainable data carrier: any means, including email, that allow the Customer or the Artist to store information directed to him/her personally in such a manner that makes future consultation and use possible during a period that matches the purpose for which the information is destined and which makes unaltered reproduction of the stored information possible.
8. Right of withdrawal: the Customer’s option not to proceed with the agreement at distance within the reflection period;
9. Artist: The legal person who provides products, (access to) digital content and or assignments to Customer at distance;
10.Contract at distance: a contract concluded by the Artist and the Customer within the scope of an
organised system for selling products, digital content and/or assignments at distance, whereby exclusive or
additional use is made of one or more technologies of distance communication up to the conclusion of the
11. Standard form for withdrawal: the European standard form for withdrawal included in Appendix 1;
12. Technology for communication at distance: a means to be used for concluding an agreement without the Customer and the Artist being together in the same place at the same time.
13. In Writing: Communication in writing in physical or digital (e-mail, web-form, etc.) form.
Article 2 – The Artist’s identity:
Rick Goudsmit, Adres:Noordzijde 38, ZIP Code: 1064GV, City: Amsterdam, Country: The Netherlands,
Amsterdam KvK (Chamber of commerce) number: 34338717, VAT Number: 115530253 B01
Article 3 – Applicability
1.These General Terms and Conditions apply to all online store offers from the Artist and to any contract at distance concluded by the Artist and the Customer.
2.Before concluding a contract at distance, the Artist shall make the text of these General Terms and Conditions available to the Customer. If this is reasonably impossible, the Artist shall indicate in what way the General Terms and conditions can be inspected.
3.If the distance contract is concluded electronically, the text of these General Terms and Conditions, in deviation from the previous section and before the distance contract is concluded, may also be supplied to the Customer electronically in such a way that the Customer can easily store it on a long- term data carrier. If this is reasonably impossible, it will be specified where the General Terms and Conditions can be viewed electronically and that they will be sent to Customer at the Customer’s request, free of charge, either via electronic means or otherwise, before concluding the distance contract;
4.In the event that specific product or assignment conditions apply in addition to these General Terms and Conditions, the second and third paragraphs shall apply accordingly, and in the event of contradictory terms and conditions, the Customer may always appeal to the applicable provision that is most favourable to him/her.
Article 4 – The offer
1.If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer.
2. The offer contains a full and accurate description of the products, digital content and/or assignments offered. The description is suitably detailed to enable the Customer to assess the products, or assignments and/or digital content adequately. If the Artist makes use of pictures, they are truthful images of the products and/or services provided. Obvious (calibration).errors or mistakes in the offer do not bind the Artist.
3. All offers contain such information that it is clear to the Customer what rights and obligations are attached to accepting the offer.
Article 5 – The contract
1. Subject to the provisions in paragraph 4, the contract becomes valid when the Customer has accepted the offer and fulfilled the terms and conditions set.
2.If the Customer accepted the offer via electronic means, the Artist shall promptly confirm receipt of having accepted the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, the Customer may cancel the contract.
3. If the contract is concluded electronically, the Artist will take appropriate technical and organisational security measures for the electronic data transfer and ensure a safe web environment. If the Customer can pay electronically, the Artist shall observe appropriate security measures.
4.The Artist may, within the limits of the law, gather information about Customer’s ability to fulfil his payment obligations, and all facts and factors relevant to responsibly concluding the distance contract. If, acting on the results of this investigation, the Artist has sound reasons to cancel the contract, he is lawfully entitled, supported by reasons, to refuse an order or request, or to attach special terms to the implementation.
5.Before delivering the product, the Artis shall send the following information along with the product, the service or the digital content in writing or in such manner that the Customer can store it in an accessible manner on a long-term data carrier:
a. the visiting address of the Artist's business establishment where the Customer may get into contact with any complaints;
b. the conditions on which and the manner in which the Customer may exercise the right of withdrawal, or, as the case may be, clear information about his being exempted from the right of withdrawal;
c. the information corresponding to existing after-sales services and guarantees;
d. The price including all taxes of the product, service or digital content, where applicable the delivery costs and the way of payment, delivery or implementation of the distance contract;
e. the standard form for withdrawal if the Customer has the right of withdrawal.
Article 6 – Right of withdrawal
In case of products:
1. The Customer can cancel a purchase contract for a product without giving reasons within 14 days. The Artist may ask the Customer about the reason for the withdrawal but cannot force him to state his reason(s).
2. The reflection period referred to in sub-clause 1 starts on the day the product is received by the Customer or by a third party appointed by him in advance and who is not the carrier, or if the Customer ordered several products in the same order: the day on which the Customer or a third party appointed by him received the last product.
3. If the Artist has not provided the Customer with the legally required information about the right of withdrawal or has not provided the standard form for withdrawal, the reflection period expires twelve months after the end of the original reflection period in accordance with the reflection period determined in the previous subclauses of this Article.
4. If the Artist provided the Customer with the information referred to in the previous article within twelve months after the
starting day of the original period of reflection, the period of reflection expires 14 day after the day on which the Customer received the information.
In case of digital content that is not delivered on a physical carrier:
5. The Customer can cancel an agreement for delivery of digital content that is not delivered on a physical carrier without giving reasons within 14 days. The Artist may ask the Customer about the reason for the withdrawal but cannot force him to state his reason(s).
6. The reflection period referred to in sub-Article 3 starts on the day following the conclusion of the agreement.
Extended reflection period for products,and digital content that has not been delivered on a physical carrier in case no information is given about the right of withdrawal:
7. If the Artist has not provided the Customer with the legally required information about the right of withdrawal or has not provided the standard form for withdrawal, the reflection period expires twelve months after the end of the original reflection period in accordance with the reflection period determined in the previous subclauses of this Article.
8. If the Artist provided the Customer with the information referred to in the previous article within twelve months after the starting day of the original period of reflection, the period of reflection expires 14 day after the day on which the Customer received the information.
Article 7 – Customer’s obligations during the time of reflection
1. During this period, the Customer shall handle the product and the packaging with care. The Customer shall only unpack or use the product to the extent necessary for establishing the nature, the characteristics and the effect of the product. The guiding principle is that the Customer may only handle and inspect the product in the manner in which one is allowed to handle a product in a shop.
2. The Customer is only liable for the decrease in value of the product that is caused by the way of handling the product which went further than allowed in subsection 1.
3. The Customer is not liable for the decrease in value of the product if the Artist has not provided him with all legal information about the right of withdrawal before concluding the Agreement.
4. Sub- 1 and 2 do not apply for products and digital content that have not been delivered on a physical carrier. During the time of reflection the Customer will only open lo-res files to establish the nature of the product. Any other way to establish the nature of the product (opening Hi-res images) will result in the obligation to purchase the product.
5. The Customer will respect the copyright of the Artist at all times. (see article 17)
Article 8 – Exercising the Customer’s right of withdrawal and the costs
1. If the Customer exercises his right of withdrawal he shall notify the artist unambiguously with the standard form for withdrawal within the period of reflection.
2. The Customer shall return the product or deliver it to (the authorized representative of) the Artist as soon as possible but within 14 days counting from the day following the notification referred to in sub-clause 1. The Customer observed the period of returning the product in any event if the product is returned before the expiration of the period of reflection.
3. The Customer shall return the product in the original state and packing and in conformity with reasonable and clear instructions given by the Artist
4. The risk and the burden of proof for the correct packaging and timely exercise of the right of withdrawal fall on the Customer.
5. The Customer shall bear the direct delivery costs of returning the product. Direct costs include cost of transport insurance.
6. If the Customer exercises his right of withdrawal, all additional agreements end by operation of law.
Article 9 – Artist’s obligations in case of withdrawal
1. If the Artist makes the notification of withdrawal by electronic means possible, he shall promptly send a return receipt.
2. The Artist shall reimburse payments of the product made by the Customer, excluding any delivery and insurance costs that the Customer may charge for the returned product, as soon as possible but within 14 days following the day on which the Customer notified him of the withdrawal. The Artist can wait with paying back until having received the product in good order.
3. The Artist shall make use of the same means of payment that the Customer used, unless the Customer consents to another method.
Article 10 - Exclusion of the right of withdrawal
The Artist can exclude the following products and services from the right of withdrawal but only if the Artist notified this clearly when making the offer or at any rate in good time before concluding the agreement:
1. Products or services with a price that is subject to fluctuations in the financial market on which the Entrepreneur has no influence and which may occur within the period of withdrawal;
2. Products an assignments manufactured in accordance with the Customer’s specifications which are not prefabricated and which are produced on the basis of a Customer’s individual choice or decision or which are intended for a specific person;
3. The delivery of digital content other than on a physical carrier, but only if: a. the performance was started with the Customer’s explicit prior consent; b. the Customer stated that he will lose his right of withdrawal by doing so; c. The Customer opened Hi-res files to establish the nature of the product during the time of reflection.
Article 11 - The price
1. The prices of the products and assignments shall not be raised during the “time of reflection” period given in the offer.
2. All prices indicated for products are including VAT. All prices for assignments are excluding VAT.
Article 12 – Performance of an agreement and extra Guarantee
1. The Artist guarantees that the products and assignments comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the day the contract was concluded.
2. An extra guarantee offered by the Artist, his supplier, manufacturer or importer shall never affect the rights and claims the Customer may exercise against the Artist about a failure in the fulfilment of the Artist’s obligations if the Artist has failed in the fulfilment of his part of the agreement.
3. ‘Extra guarantee’ is taken to mean each obligation by the Artist, his supplier, importer or manufacturer in whom he assigns certain rights or claims to the Customer that go further than he is legally required in case he fails in the compliance with his part of the agreement.
Article 13 – Delivery and execution
1. The Artist shall exercise the best possible care when booking orders and executing product orders and when assessing requests for the provision of assignments.
2. The place of delivery is at the address given by the Customer to the Artist.
3. With due observance of the stipulations in Article 4 of these General Terms and Conditions, the Artist shall execute accepted orders with convenient speed but at least within 30 days, unless another delivery period was agreed on. If the delivery has been delayed, the Customer shall be informed as soon as possible and at least within one month after ordering. In such cases, the Customer is entitled to cancel the contract free of charge.
4. After cancellation in conformity with the preceding paragraph, the Artist shall return the payment made by the Customer promptly but at least within 30 days after cancellation.
5. The risk of loss and/or damage to products will be borne by the Artist until the time of delivery to the Customer. In case of loss and/or damage to the product prior to delivery to the Customer, the contract is automaticly canceled The Artist shall return any directly to the product related payments made by the Customer. The Consumer has no right to make additional claims due to the cancellation of the contract.
6. The financial risk of not finishing an assignment will be borne by the Artist until the time of fullfilment.
7. Excluded from sub-article 6. is:
a. Any circumstance the Artist has no influence on during execution of the assignment.
b. Any price fluctuations the Artist has no influence on during execution of the assignment.
c.Any change in personal and/or staffing situations and subsequent change of plan, the Artist has no influence on during execution of the assignment. In case of a change of plan the contract will be canceled in writing by the Artist and a new contract will be negotiated.
Article 14 – Payment
1. Unless otherwise agreed upon in the contract or in the additional conditions, the amounts to be paid by the Customer must be settled within 14 days after the period of reflection, or if there is no period of reflection within 14 days after concluding the contract. In case of a contract executing an assignment, this period starts on the day that the Customer received the confirmation of the contract.
2. When selling products to Customer, it is not permitted to negotiate an advance payment of more than 50% in the General Terms and Conditions. If an advance payment was agreed, the Customer may not assert any right regarding the execution of the order in question or the assignment in question before making the agreed advance payment.
3. The Customer has the duty to inform the Artist promptly of possible inaccuracies in the payment details that were given or specified.
4. In case the Customer has not complied with his payment obligation(s) in time, and the Artist has pointed out to him that the payment was late and allowed the Customer a period of 7 days to comply with the payment obligations, the Customer is to pay the statutory, 2% in 2016,interest on the amount payable. For the legal (cooperate) Customer (businesses and organisations) the statutory interest is 8% in 2016.The Artist is entitled to charge the Customer with any extrajudicial collection costs. These extrajudicial collection costs amount to no more than 15% for outstanding amounts up to € 2,500, 10% for the following € 2,500 and 5% for the following € 5000, with a minimum of € 40. The Artist may deviate from the aforementioned amounts and percentages in favour of the Customer.
Article 15 – Complaints procedure
1. The Artist shall have a sufficiently notified complaints procedure in place, and shall handle the complaint in accordance with this complaint procedure.
2. Complaints about the performance of the contract shall be submitted fully and clearly described to the Artist within a reasonable time after the Customer discovered the defects
3. The complaints submitted to the Artist shall be replied within a period of 14 days after the date of receipt. Should a complaint require a foreseeable longer time for handling, the Artist shall respond within 14 days with a notice of receipt and an indication when the Customercan expect a more detailed reply.
4. If the complaint cannot be solved in joint consultation within a reasonable time or within 3 months after submitting the complaint, there will be a dispute that is open to the dispute settlement rules by Dutch Law.
Article 16 – Disputes
1. Contracts between the Artist and the Customer to which these General Terms and Conditions apply, are exclusively governed by Dutch law.
Article 17 – Copyright
Copyright ownership is separate from ownership of individual items of art, and it does not transfer with a sale of fine art. If the Customer wants to reproduce the painting the Customer now owns, the Customer will need Artist's written permission, except for some limited “fair use” purposes. (images for exhibition catalogue) All images on the Artist's site are either owned or licensed by the Artist and may not be reproduced or used in any manner without the express written permission of the Artist Copyright © 2016 Rick Goudsmit. All rights reserved. All physical artwork is owned solely by the Artists and are subject to European and International copyright laws.
Appendix I: Standard form for withdrawal
Standard Form for Withdrawal
(Complete this form and return it only when you want to revoke the agreement)
- To: [Artist’s name] [The Artist’s geographic address] [The Artist’s email address or electronic address]
- I/We hereby inform you that I/we wish to revoke our agreement on the sale of the following products: [specification of the product]* the delivery of the following digital content [specification of the digital content]* the performance of the following service [specification of the service]*
- Ordered on*/received on* [date of ordering the services or receiving products]*
- [Customer’s name]
- [Customer’s address]
- [Customer’s signature] (only when this form is submitted on paper)
*) Delete and/or complete where appropriate.