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General Terms and Conditions – Gallery & Framing Workshop Art Dumay BV

Table of contents:

Article 1 - Definitions

Article 2 - Identity

Article 3 - Applicability

Article 4 - The offer

Article 5 - The Agreement

Article 6 - Right of withdrawal

Article 7 - Obligations of the consumer during the cooling-off period

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

Article 9 - Obligations of Galerie & Lijstenmakerij Art Dumay BV in case of revocation

Article 10 - Exclusion of the right of withdrawal

Article 11 - The price

Article 12 - Compliance and additional warranty

Article 13 - Delivery and execution

Article 14 - Payment

Article 15 - Implementation of the Money Laundering and Terrorist Financing (Prevention) Act (Wwft)

Article 16 - Complaints procedure

Article 17 - Disputes

Article 18 - Additional or deviating provisions

Article 1 - Definitions

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

1. Supplementary agreement : an agreement whereby the consumer acquires products in connection with a distance contract and these goods are supplied by Galerie & Lijstenmakerij Art Dumay BV or by a third party on the basis of an agreement between that third party and Galerie & Lijstenmakerij Art Dumay BV.
2. Cooling-off period : the period within which the consumer can make use of his right of withdrawal.
3. Consumer : the natural or legal person who purchases works or objects from Galerie & Lijstenmakerij Art Dumay BV, regardless of whether this is for personal use or for business purposes.
4. Day : calendar day.
5. Digital content : data produced and supplied in digital form.
6. Durable medium : any instrument - including email - that enables the consumer or entrepreneur to store information addressed personally to him in a way accessible for future consultation or use for a period of time adequate for the purposes of the information and which allows for the unchanged reproduction of the stored information.
7. Right of withdrawal : the possibility for the consumer to cancel the distance contract within the cooling-off period.
8. Gallery & Framing Shop Art Dumay BV : This private limited company offers art and cultural goods remotely to consumers via the web shop Gallery & Framing Shop Art Dumay BV. The full legal name is Gallery & Framing Shop Art Dumay BV Online BV
9. Distance contract : an agreement concluded between Galerie & Lijstenmakerij Art Dumay BV and the consumer within the framework of an organised system for the distance selling of goods, whereby up to and including the conclusion of the agreement exclusive or partly use is made of one or more techniques for distance communication.
10. Model withdrawal form : the European model withdrawal form included in Appendix I of these terms and conditions. Appendix I does not have to be made available if the consumer has no right of withdrawal in respect of his order.
11. Products : Works and cultural goods such as these are offered by Galerie & Lijstenmakerij Art Dumay BV via the online Platform Collectioneurs.nl.
12. Distance communication technology : means that can be used to conclude an agreement without the consumer and the entrepreneur having to be in the same place at the same time.

Article 2 - Identity of Gallery & Framing Workshop Art Dumay BV.

Gallery & Framing Workshop Art Dumay BV, located at Cockeveld 4, 5672 AE Nuenen

Telephone number: 040-2845208 (available from 09:00 to 17:00).

E-mail: info@artdumay.com

KVK: 17229698

VAT no. NL819701191B01

Article 3 - Applicability

1. These general terms and conditions apply to every offer from Galerie & Lijstenmakerij Art Dumay BV and to every distance contract concluded between Galerie & Lijstenmakerij Art Dumay BV 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, Galerie & Lijstenmakerij Art Dumay BV will indicate before the distance contract is concluded in what way the general terms and conditions can be viewed at Galerie & Lijstenmakerij Art Dumay BV and that they will be sent free of charge to the consumer as soon as possible at the consumer's 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, it will be indicated before the distance contract is concluded 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 conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly and the consumer can always invoke the applicable provision that is most favourable to him in the event of conflicting 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 contains a complete and accurate description of the goods offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If Galerie & Lijstenmakerij Art Dumay BV uses images, these are a true representation of the goods offered. Obvious mistakes or obvious errors in the offer do not bind Galerie & Lijstenmakerij Art Dumay BV.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are associated with accepting the offer.

Article 5 - The Agreement

1. Subject to the provisions of paragraph 4, the agreement is concluded at the time the consumer accepts the offer and meets the conditions set therein.
2. If the consumer has accepted the offer electronically, Galerie & Lijstenmakerij Art Dumay BV will immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by Galerie & Lijstenmakerij Art Dumay BV, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, Galerie & Lijstenmakerij Art Dumay BV will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, Galerie & Lijstenmakerij Art Dumay BV will take appropriate security measures.
4. Galerie & Lijstenmakerij Art Dumay BV may, within the legal framework, inquire whether the consumer can meet his payment obligations, as well as all facts and factors that are important for responsibly entering into the distance contract. If, based on this investigation, Galerie & Lijstenmakerij Art Dumay BV has good reasons not to enter into the contract, it is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
5. Galerie & Lijstenmakerij Art Dumay BV will send the following at the latest upon delivery of the purchased object, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
6. the visiting address of the branch of Galerie & Lijstenmakerij Art Dumay BV where the consumer can go with complaints;
7. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
8. the information about guarantees and existing after-sales service;
9. the price including all taxes of the item purchased;
10. where applicable, the costs of delivery;
11. the method of payment, delivery or performance of the distance contract;
12. if the consumer has a right of withdrawal, the model withdrawal form.

Article 6 - Right of withdrawal

 

1. The consumer can dissolve an agreement regarding the purchase of a product during a reflection period of 14 days without giving reasons. Galerie & Lijstenmakerij Art Dumay BV may ask the consumer for the reason for withdrawal, but may not oblige the consumer to state his reason(s).
2. The cooling-off period referred to in paragraph 1 commences on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the object, or:
3. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by the consumer, has received the last product. Galerie & Lijstenmakerij Art Dumay BV may refuse an order for multiple products with different delivery times, provided that it has clearly informed the consumer of this prior to the ordering process;
4. if the delivery of a product consists of different shipments or parts: the day on which the consumer, or a third party designated by the consumer, has received the last shipment or the last part;
5. in the case of agreements for the regular delivery of products during a specific period: the day on which the consumer, or a third party designated by the consumer, has received the first product.
6. If Galerie & Lijstenmakerij Art Dumay BV has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original reflection period, the reflection period will expire 14 days after the day on which the consumer received that information.

Article 7 - Obligations of the consumer during the cooling-off period

1. During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
2. The consumer is only liable for any diminished value of the product resulting from the handling of the product which goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for any diminished value of the product if Galerie & Lijstenmakerij Art Dumay BV has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

1. If the consumer exercises his right of withdrawal, he reports this within the cooling-off period by means of the model withdrawal form or in another unambiguous manner to Galerie & Lijstenmakerij Art Dumay BV or via the option offered on Collectioneurs.nl
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) Galerie & Lijstenmakerij Art Dumay BV. This is not necessary if Galerie & Lijstenmakerij Art Dumay BV has offered to collect the product itself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.
3. The consumer shall return the product with all supplied accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by Galerie & Lijstenmakerij Art Dumay BV.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer shall bear the direct costs of returning the product. If Galerie & Lijstenmakerij Art Dumay BV has not reported that the consumer must bear these costs or if Galerie & Lijstenmakerij Art Dumay BV indicates that it will bear the costs itself, the consumer does not have to bear the costs of return.
6. If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.

Article 9 - Obligations of Galerie & Lijstenmakerij Art Dumay BV in case of revocation

1. If Galerie & Lijstenmakerij Art Dumay BV makes it possible for the consumer to notify the withdrawal electronically, it will immediately send a confirmation of receipt after receiving this notification.
2. Galerie & Lijstenmakerij Art Dumay BV will reimburse all payments made by the consumer, including any delivery costs charged by Galerie & Lijstenmakerij Art Dumay BV for the returned product, without delay but within 14 days following the day on which the consumer reports the withdrawal. Unless Galerie & Lijstenmakerij Art Dumay BV offers to collect the product itself, it may wait with reimbursement until it has received the product or until the consumer proves that he has returned the product, whichever is the earlier.
3. Galerie & Lijstenmakerij Art Dumay BV uses the same payment method for reimbursement that the consumer used, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.
4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, Galerie & Lijstenmakerij Art Dumay BV does not have to refund the additional costs for the more expensive method.

Article 10 - Exclusion of the right of withdrawal

Galerie & Lijstenmakerij Art Dumay BV can exclude the following goods from the right of withdrawal, but only if Galerie & Lijstenmakerij Art Dumay BV has clearly stated this in the offer, at least in good time before the conclusion of the agreement:

1. agreements concluded during a public auction. A public auction is understood to mean a sales method in which goods are offered by Galerie & Lijstenmakerij Art Dumay BV to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and in which the successful bidder is obliged to purchase the goods;
2. objects that have been inspected by the consumer prior to delivery either when collecting from the depot or other location of Galerie & Lijstenmakerij Art Dumay BV, or during delivery to the consumer's home address. In that case, the consumer has the right to refuse delivery and the purchase will be immediately dissolved and the paid purchase price will be refunded;
3. objects that have been customized or restored according to the consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the consumer or which are clearly intended for a specific person;
4. products manufactured to the consumer's specifications in relation to the goods, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the consumer or which are clearly intended for a specific person;
5. products which, after delivery, are irreversibly mixed with other products due to their nature.

Article 11 - The price

1. The price of the goods is determined by publication in the webshop. Galerie & Lijstenmakerij Art Dumay BV has the right to adjust the price at any time without further consultation or prior publication. At the time of ordering by the consumer and confirmation by Galerie & Lijstenmakerij Art Dumay BV, the sales price is fixed as the price that was last published.
2. The prices stated in the offer of products or services include VAT.

Article 12 - Compliance with the agreement and additional warranty

1. Galerie & Lijstenmakerij Art Dumay BV 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 was concluded.
2. An additional guarantee provided by Galerie & Lijstenmakerij Art Dumay BV, its supplier, manufacturer or importer never limits the statutory rights and claims that the consumer can assert against Galerie & Lijstenmakerij Art Dumay BV under the agreement if Galerie & Lijstenmakerij Art Dumay BV has failed to fulfil its part of the agreement.
3. An additional guarantee is understood to mean any obligation of Galerie & Lijstenmakerij Art Dumay BV, its supplier, importer or manufacturer in which it grants the consumer certain rights or claims that go beyond what it is legally obliged to do in the event that it has failed to fulfil its part of the agreement.

Article 13 - Delivery and execution

1. Galerie & Lijstenmakerij Art Dumay BV will exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has made known to Galerie & Lijstenmakerij Art Dumay BV or the address where the goods can be collected by the consumer.
3. Taking into account what is stated in article 4 of these general terms and conditions, Galerie & Lijstenmakerij Art Dumay BV will execute accepted orders with due speed but at the latest within 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer will be notified of this at the latest 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.
4. After dissolution in accordance with the previous paragraph, Galerie & Lijstenmakerij Art Dumay BV will immediately refund the amount paid by the consumer.
5. The risk of damage and/or loss of products rests with Galerie & Lijstenmakerij Art Dumay BV until the moment of delivery to the consumer or a previously designated representative made known to Galerie & Lijstenmakerij Art Dumay BV, unless expressly agreed otherwise.

Article 14 - Payment

1. Unless otherwise specified in the agreement or additional conditions, amounts owed by the consumer must be paid within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period commences on the day after the consumer has received confirmation of the agreement.
2. When selling products to consumers, the consumer may never be obliged in general terms and conditions to make an advance payment of more than 50%. If an advance payment has been agreed, the consumer cannot assert any rights regarding the execution of the order or service(s) in question before the agreed advance payment has been made.
3. The consumer will have paid the full sales price upon delivery of the goods.
4. The consumer has the duty to report any inaccuracies in payment details provided or stated to Galerie & Lijstenmakerij Art Dumay BV without delay.
5. If the consumer does not meet his payment obligation(s) in a timely manner, after Galerie & Lijstenmakerij Art Dumay BV has informed him of the late payment and Galerie & Lijstenmakerij Art Dumay BV has granted the consumer a period of 14 days to still meet his payment obligations, if payment is not made within this 14-day period, the consumer will owe statutory interest on the amount still owed and Galerie & Lijstenmakerij Art Dumay BV will be entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500 and 5% on the next € 5,000 with a minimum of € 40. Galerie & Lijstenmakerij Art Dumay BV may deviate from the stated amounts and percentages to the advantage of the consumer.

Article 15 – Implementation of the Money Laundering and Terrorist Financing (Prevention) Act (Wwft)

1. In the context of the implementation of the Wwft, Galerie & Lijstenmakerij Art Dumay BV will conduct a client investigation in the following cases:
   1. if a sales transaction of at least €10,000 is made;
   2. if there are indications that the buyer or seller is involved in money laundering or financing of terrorism;
   3. if Galerie & Lijstenmakerij Art Dumay BV doubts the correctness of the information previously provided by the buyer or seller;
2. If any of the foregoing cases occur, Galerie & Lijstenmakerij Art Dumay BV will take the following steps:
   1. The buyer and seller are requested to identify themselves by means of a formal ID;
   2. Where relevant, determine the UBO where legal entities are concerned;
   3. Perform a risk analysis of the parties involved, taking into account the nature of the transaction offered and the manner in which the transaction is executed;
   4. Monitor and register the transaction and, if necessary, report it to the FIU Netherlands.
3. To avoid any form of risk, Galerie & Lijstenmakerij Art Dumay BV will refuse any form of cash payment.

 

 

Article 16 - Complaints procedure

1. Galerie & Lijstenmakerij Art Dumay BV has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the agreement must be submitted to Galerie & Lijstenmakerij Art Dumay BV within a reasonable time after the consumer has discovered the defects, fully and clearly described.
3. Complaints submitted to Galerie & Lijstenmakerij Art Dumay BV will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Galerie & Lijstenmakerij Art Dumay BV will respond within the period of 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.
4. The consumer must give Galerie & Lijstenmakerij Art Dumay BV at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute resolution.

 

Article 17 - Disputes

1. Agreements between Galerie & Lijstenmakerij Art Dumay BV and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.

Article 18 - 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.

 

 

Appendix I: Model withdrawal form

 

 

Model withdrawal form

 

(complete and return this form only if you wish to cancel the agreement)

 

• To: [entrepreneur name]

[geographic address of entrepreneur]

[e-mail address or electronic address of entrepreneur]

• I/We* hereby inform you that I/we* terminate our agreement regarding

the sale of the following products: [product designation]*

the supply of the following digital content: [designation of digital content]*

the performance of the following service: [service designation]*,

revokes/revoked*

• Ordered on*/received on* [date of ordering for services or receiving for products]

• [Consumer(s) name]

• [Consumer(s) address]

• [Signature of consumer(s)] (only when this form is submitted on paper)

* Cross out what does not apply or fill in what applies.