Introduction
Below you will find our General Terms and Conditions. These always apply when you use or place an order via our Website and contain important information for you as a buyer. Therefore, read the General Terms and Conditions carefully. We also recommend that you save or print these terms and conditions so that you can read them again at a later time.
Definitions
1. Patricia Elferink Fine Arts Studio also trades under the name of Kix Creative Design, which was established in Arcen and registered with the Kamer van Koophandel under registration number 82446679.
2. Website: the website of Patricia Elferink Fine Arts Studio, which can be consulted via patriciaelferink.com
3. Customer: the natural person not acting in the exercise of a profession or business that enters into an Agreement with Patricia Elferink Fine Arts Studio and/or has registered on the Website.
4. Agreement: any arrangement or agreement between Patricia Elferink Fine Arts Studio and the Customer, of which agreement the General Terms and Conditions form an integral part.
5. General Terms and Conditions: the present General Terms and Conditions.
Applicability General Terms and Conditions
1. The General Terms and Conditions apply to all offers, agreements and deliveries of Patricia Elferink Fine Arts Studio, unless expressly agreed otherwise in writing.
2. If the Customer includes provisions or conditions in its order, confirmation or notification containing acceptance that deviate from or do not appear in the General Terms and Conditions, these are only binding for Patricia Elferink Fine Arts Studio if and insofar as they have been expressly accepted by Patricia Elferink Fine Arts Studio in writing.
3. In the event that specific product or service conditions apply in addition to these General Terms and Conditions, those terms and conditions also apply, but in the event of conflicting terms and conditions, the Customer can always invoke the applicable provision that is most favorable to him.
Prices and information
1. All prices stated on the Website and in other materials originating from Patricia Elferink Fine Arts Studio include VAT and other levies imposed by the government.
2. If shipping costs are charged, this will be clearly stated in good time before concluding the Agreement. In addition, these costs will be shown separately in the ordering process. Any import duties and local taxes, etc., as a result of the delivery of the ordered products, will be paid by the customer.
3. The content of the Website has been compiled with the utmost care. However, Patricia Elferink Fine Arts Studio cannot guarantee that all information on the website is correct and complete at all times. All prices and other information on the Website and in other materials originating from Patricia Elferink Fine Arts Studio are therefore subject to programming and typing errors.
4. Patricia Elferink Fine Arts Studio cannot be held responsible for (color) deviations as a result of screen quality.
Realization Agreement
1. The Agreement is concluded at the moment of acceptance by the Customer of patriciaelferink.com offer and compliance with the conditions set by Patricia Elferink Fine Arts Studio.
2. If the Customer has accepted the offer electronically, Patricia Elferink Fine Arts Studio will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed, the Customer has the option of dissolving the Agreement.
3. If it appears that incorrect information has been provided by the Customer when accepting or otherwise entering into the Agreement, Patricia Elferink Fine Arts Studio has the right to fulfill its obligation only after the correct information has been received.
4. Patricia Elferink Fine Arts Studio can inform itself within legal frameworks whether the Customer can meet its payment obligations, but also of all facts and factors that are important for a responsible conclusion of the Agreement. If, based on this investigation, Patricia Elferink Fine Arts Studio has good reasons not to enter into the Agreement, it is entitled to refuse an order or request with reasons, or to attach special conditions to the implementation, such as prepayment.
5. Patricia Elferink Fine Arts Studio has the right to refuse orders from customers who act in the exercise of their profession or business.
Execution Agreement
1. As soon as the order has been received by Patricia Elferink Fine Arts Studio, Patricia Elferink Fine Arts Studio will send the products as soon as possible with due observance of the provisions of paragraph 3 of this Article.
2. Patricia Elferink Fine Arts Studio is entitled to engage third parties in the performance of the obligations arising from the Agreement.
3. The Website clearly describes, in good time before concluding the Agreement, how delivery will take place and within what period the products will be delivered. If no delivery period has been agreed or stated, products will in any case be delivered within 30 days.
4. If Patricia Elferink Fine Arts Studio cannot deliver the products within the agreed term, it will inform the Customer. In that case, the Customer can agree to a new delivery date or he will be given the option to dissolve the Agreement free of charge.
5. Patricia Elferink Fine Arts Studio advises the Customer to inspect the delivered products and to report the defects found within a reasonable time, preferably in writing or by email. For more information, see the Article on warranty and conformity.
6. As soon as the products to be delivered have been delivered to the specified delivery address, the risk with regard to these products is transferred to the Customer. If expressly agreed otherwise, the risk will pass to the Customer earlier. If the Customer decides to collect the products, the risk will pass upon transfer of the products.
Right of withdrawal
1. The Customer has the right to dissolve the distance Agreement with Patricia Elferink Fine Arts Studio within 14 calendar days after receipt of the product (excluding custom-made products such as printed reproductions), without giving reasons. The period referred to in paragraph 1 commences on the day after the Customer, or a third party designated by him in advance, who is not the carrier, has received the product, or:
• if the Customer has ordered several products in the same order: the day on which Customer, or a third party designated by him, has received the last product.
• if the delivery of a product consists of several shipments or parts: the day on which the Customer, or a third party designated by him, has received the last shipment or the last part;
• in the case of agreements for regular delivery of products during a certain period: the day on which the Customer, or a third party designated by him, has received the first product.
2. The costs for the return shipment are for the account of the Customer. Payment of the product by the Customer will be refunded to the Customer upon return of the product.
3. Within the withdrawal period referred to in paragraph 1, the Customer will handle the product and the packaging with care. The customer will not open the transparent packaging of the product.
4. Customer is liable for depreciation of the product if result of a way of handling the product that goes beyond what is permitted in the previous paragraph.
5. The Customer can dissolve the Agreement in accordance with paragraph 1 of the term set in this Article by sending a model withdrawal form by email to Patricia Elferink Fine Arts Studio, or otherwise unequivocally informing Patricia Elferink Fine Arts Studio that it is renouncing the purchase. In case of a digital report, Patricia Elferink Fine Arts Studio confirms receipt of that report. After dissolution, the Customer has 14 days to return the product.
6. Amounts already paid by the Customer will be refunded to the Customer as soon as possible, but no later than 14 days after dissolution of the Agreement, in the same manner as the Customer paid the order. Delivery costs will not be reimbursed. Patricia Elferink Fine Arts Studio may wait with repayment until the product is returned.
7. Information about whether or not the right of withdrawal applies and any desired procedure will be clearly stated on the Website in time for the conclusion of the Agreement.
8. The right of withdrawal does not apply to: custom-made products like reproductions and orders outside the Website.
Payment
1 Customer must make payments to Patricia Elferink Fine Arts Studio according to the payment methods indicated in the ordering procedure and possibly on the Website. Patricia Elferink Fine Arts Studio is free to choose payment methods and these can also change from time to time.
Complaint procedure
1. If the Customer has a complaint about a product (in accordance with Article regarding quality or delivery) and/or about other aspects of Patricia Elferink Fine Arts Studio’s services, he can submit a complaint to Patricia Elferink Fine Arts Studio by email. See contact details at the bottom of the Terms and Conditions.
2. Patricia Elferink Fine Arts Studio will provide the Customer with a response to his complaint as soon as possible, but in any case within 7 days after receipt of the complaint. If it is not yet possible to give a substantive or final response, Patricia Elferink Fine Arts Studio will confirm within 7 days of receipt of the complaint and give an indication of the term within which it expects to provide a substantive or final response to the Customer’s complaint.
Personal data
1. Patricia Elferink Fine Arts Studio processes the Customer’s personal data in accordance with the privacy statement published on the Website.
Final Provisions
1. Dutch law applies to the agreement.
2. Insofar as not dictated otherwise by mandatory law, all disputes that may arise as a result of the Agreement will be submitted to the competent Dutch court in the district where Patricia Elferink Fine Arts Studio is located.
3. If a provision in these General Terms and Conditions proves to be null and void, this will not affect the validity of the entire General Terms and Conditions. In that case, the parties will adopt (a) new provision(s) to replace it, which will give shape to the intention of the original provision as far as legally possible.
4. In these General Terms and Conditions, “in writing” also includes communication by email, whatsapp and social media messages and regular mail, provided that the identity of the sender and the integrity of the email are sufficiently established.
Contact details
If you have any questions, complaints or comments after reading these General Terms and Conditions, please do not hesitate to contact us by email.
Patricia Elferink Fine Arts Studio
Maasstraat 40
5944 CE Arcen
The Netherlands
studio@patriciaelferink.com
KvK number 82446679
VAT NL003684055B01
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