General Terms and Conditions


General Terms and Conditions for the paintings of Hester van Turenhout

 

Table of contents:

Article 1 – Definitions

Article 2 – Identity of the entrepreneur

Article 3 – Applicability

Article 4 – The offer

Article 5 – The Agreement

Article 6 – Right of withdrawal

Article 7 – Costs in case of revocation

Article 8 – Exclusion of the right of withdrawal

Article 9 – The price

Article 10 – Conformity and warranty

Article 11 – Delivery and execution

Article 12 – Duration transactions: duration, termination and extension

Article 13 – Payment

Article 14 – Complaints procedure

Article 15 – Disputes

Article 16 – Additional or deviating provisions

 

Article 1 – Definitions

In these terms and conditions the following terms shall have the following meanings:

  1. Reflection period: the period within which the consumer can make use of his right of withdrawal;
  2. Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
  3. Day: calendar day;
  4. Duration transaction: a distance contract relating to a series of products and/or services, the supply and/or purchase obligation of which is spread over time;
  5. Durable medium: any instrument which enables the consumer or entrepreneur to store information addressed personally to him in a way accessible for future consultation and unaltered reproduction of the stored information.
  6. Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
  7. Model form: the model withdrawal form made available by the trader that a consumer can fill out when he wishes to exercise his right of withdrawal.
  8. Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
  9. Distance contract: an agreement concluded between the consumer within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, whereby up to and including the moment the agreement is concluded exclusive use is made of one or more techniques for distance communication;
  10. Distance communication technology: a means by which a contract can be concluded without the consumer and the entrepreneur being present in the same room at the same time.
  11. General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

 

Article 2 – Identity of the entrepreneur

Hester van Turenhout

Horn district in Zwijndrecht

Phone number: 06-34242014

Email address: info@hesterpaints.com


Article 3 – Applicability

  1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and orders concluded between the entrepreneur and the consumer.
  2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the consumer will be informed before the distance contract is concluded that the general terms and conditions are available for inspection at the company and will be sent free of charge to the consumer as soon as possible upon request.
  3. If the distance contract is concluded electronically, notwithstanding the previous paragraph, and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, the consumer will be informed where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer electronically or otherwise at the consumer's request.
  4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly and, in the event of conflicting general terms and conditions, the consumer can always rely on the applicable provision that is most favourable to him.
  5. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, the agreement and these terms and conditions will otherwise remain in force and the provision in question will be replaced without delay by mutual agreement with a provision that approximates the purport of the original as closely as possible.
  6. Situations not covered by these terms and conditions must be assessed 'in the spirit' of these terms and conditions.
  7. Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions should be interpreted 'in the spirit' of these terms and conditions.

 

Article 4 – The offer

  1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
  2. The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer.
  3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the entrepreneur uses images, these must be a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
  4. All images, specifications, and data in this offer are indicative and cannot give rise to compensation or termination of the agreement.
  5. Product images are a true representation of the products offered. The seller cannot guarantee that the displayed colors exactly match the actual colors of the products. If you would like to see the paintings in person, you are welcome to view them.
  6. Each offer contains sufficient information to clearly indicate to the consumer the rights and obligations associated with accepting the offer. This specifically concerns:
  • the price including taxes;
  • any shipping costs;
  • the manner in which the agreement will be concluded and the actions required for this;
  • whether or not the right of withdrawal applies;
  • the method of payment, delivery and execution of the agreement;
  • the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
  • the amount of the rate for distance communication if the costs of using the distance communication technology are calculated on a basis other than the regular basic rate for the means of communication used;
  • whether the agreement is archived after it has been concluded, and if so, how it can be consulted by the consumer;
  • the manner in which the consumer, before concluding the agreement, can check and, if necessary, correct the data provided by him in connection with the agreement;
  • any other languages in which, in addition to Dutch, the agreement may be concluded;
  • the codes of conduct to which the trader has submitted and the way in which the consumer can consult these codes of conduct electronically; and
  • the minimum duration of the distance contract in the case of a long-term transaction.

Article 5 – The Agreement

  1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set therein.
  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer may terminate the agreement.
  3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will implement appropriate security measures.
  4. The entrepreneur may, within legal frameworks, investigate whether the consumer can meet their payment obligations, as well as all the facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good reason not to enter into the contract, they are entitled to refuse an order or request with reasons or to impose special conditions on its execution.
  5. The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
  6. the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
  7. The right of withdrawal is excluded due to the fragility and originality of the products.
  8. the information about warranties and existing after-sales service;
  9. the information included in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to the execution of the agreement;
  10. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
  11. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
  12. Each agreement is entered into under the condition precedent of sufficient availability of the relevant products.

 

Article 6 – Right of withdrawal

Upon delivery of products:

  1. The right of withdrawal is excluded due to the fragility and originality of the products. It is not possible to return a product.

 

Article 7 – Costs in case of revocation

  1. Right of withdrawal/return of the products is not possible

 

Article 8 – Exclusion of the right of withdrawal

  1. The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement.


Article 9 – The price

  1. During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
  2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market over which the entrepreneur has no control. This subjection to fluctuations and the fact that any stated prices are target prices will be stated in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
  5. these are the result of statutory regulations or provisions; or
  6. the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.
  7. The prices stated in the offer of products or services include VAT.
  8. All prices are subject to printing and typographical errors. We accept no liability for the consequences of printing and typographical errors. In the event of printing or typographical errors, the entrepreneur is not obligated to deliver the product at the incorrect price.

 

Article 10 – Conformity and Warranty

  1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in force on the date the agreement is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the entrepreneur under the agreement.
  3. Any defects or incorrectly delivered products must be reported to the company in writing within one week of delivery. Products must be returned in their original packaging and in new condition.


Article 11 – Delivery and execution

  1. The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.
  2. The place of delivery is the address that the consumer has provided to the company.
  3. Subject to the provisions of paragraph 4 of this article, the company will fulfill accepted orders expeditiously, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement free of charge. The consumer is not entitled to compensation.
  4. All delivery times are indicative. Consumers cannot derive any rights from any stated delivery times. Exceeding a delivery time does not entitle the consumer to compensation.
  5. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
  6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative made known to the entrepreneur, unless expressly agreed otherwise.


Article 12 – Payment

  1. Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period commences after the consumer has received confirmation of the agreement.
  2. The consumer has the duty to report any inaccuracies in payment details provided or stated to the entrepreneur without delay.
  3. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs made known in advance.

 

Article 14 – Complaints procedure

  1. The entrepreneur has a sufficiently well-known complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the performance of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has discovered the defects.
  3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed response.
  4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
  5. In case of complaints, a consumer must first contact the entrepreneur.
  6. A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.
  7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.

 

Article 15 – Disputes

  1. Agreements between the entrepreneur and the consumer to which these terms and conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.
  2. The Vienna Sales Convention does not apply.

 

Article 16 – Additional or deviating provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.