Conditions of Use

Terms of Brenda Baart established in Clinge.
Version valid from 27.04.1927

Article 1. General

1.1 Under Art Gallery in these terms of sale mean Brenda Baart Molenstraat 55 4567 BB Clinge
1.2 These conditions are part of all offers and agreements with Art Gallery insofar as not expressly in writing.
1.3 Bearing in mind the provisions of Article 6.4, these conditions also apply if Art Gallery for implementation of all agreements need to switch parties.
1.4 Unless otherwise agreed, the general or specific conditions or stipulations of third parties are not recognized by Art Gallery.
1.5 In the event that the Conditions and an agreement would contain conflicting clauses, the Agreement shall prevail.
1.6 If any part of the Terms is invalid or unenforceable, the remaining provisions of the Terms remain in full force and the parties are bound to make efforts in good agreement to establish a replacement clause is valid and that the original intentions parties as much as possible.

Article 2. Offers and development agreements

2.1 All offers are without obligation unless expressly stated otherwise by Art Gallery.
2.2 Contracts to supply goods and / or services Art Gallery binding only after written confirmation. Actual implementation by Brenda by Art Gallery Baart or an invoice sent equals a written confirmation of the offer.
2.3 If within 8 days, also in writing, the accuracy of the contents of such written confirmation is disputed, and the customer are bound Art Gallery.
2.4 Offers of Art Gallery not automatically apply to repeat orders.

2.5 Art Gallery can not be held to its offer if the customer should have understood that the offer, or a part thereof, an obvious mistake or error.
2.6 Additions, modifications and / or further agreements are effective only if in writing.

Article 3. Prices / Price Increase
3.1 All prices, unless otherwise indicated, expressed in euros, including tax (VAT).
3.2 Art Gallery ensure that price increases following the enactment of the will not take place unless the price is the result of laws and / or provisions.
3.3 If the price is not the result of laws and / or regulations, the consumer has the right to change the distance contract to terminate the date the increase takes effect.

Article 4. Episode

4.1 If goods are in stock are shipped immediately after ordering. To send ordered goods shall Art Gallery shipping costs. The delivery of ordered goods will be at the Art Gallery known address, other than temporary, and issued to the individual who is on the delivery address.
4.2 The customer must acknowledge receipt of the product draw. This is different only if the customer has grounds for refusal under the law.
4.3 If the customer refuses or fails to provide information or instructions necessary for the delivery, the products will be saved the expense and risk of the customer.
4.4 duty to deliver Art Gallery will be presumed, be met by Art Gallery once delivered to the customer once offered. For home delivery extends the report of the carrier, which includes the refusal of acceptance, the full proof of the offer to supply, subject to proof.
4.5 In case of refusal of the goods offered will return freight and storage costs and the risk of damage or loss of the rejected cases the sole responsibility of the buyer unless the buyer was entitled to the right to terminate the purchase or replacement of the case invoke.

Article 5. Delivery

5.1 A by Art Gallery specified delivery time is never regarded as a deadline. The delivery period only starts after all required data in the possession of Art Gallery, after which Art Gallery will seek, within 30 days delivery to take place.
5.2 Under the rules of distance selling will Art Gallery (contractor) orders expeditiously, but at least within 30 days. If this is not possible (because the ordered out of stock or no longer available), or for other reasons, delay, or an order can not or only partially implemented, will receive the consumer (client) within 1 month after placing the order and in that case he has the right order and notice to cancel without penalty.

Article 6. Dissolution

6.1 Without prejudice to the rights of Art Gallery under the law Art Gallery authorized by a written statement to the recipient the agreement wholly or partially suspend or terminate the right to damages against the buyer after the conclusion of the agreement Art Gallery aware of circumstances that Art Gallery good reason to fear that the customer does not fulfill his obligations or if Art Gallery at the conclusion of the agreement to provide security for the performance and security remains in or inadequate (despite a demand) and in case of insolvency of the buyer, a private application for bankruptcy by the customer, receivership, liquidation or a resolution to that effect total or partial transfer of the business of the customer or seizure of any part of his wealth.
6.2 If circumstances arise in relation to persons and / or materials Art Gallery in implementing the contract or are usually employed, which are such that the execution of the contract impossible or problematic and / or disproportionately costly that compliance can not reasonably be demanded, Art Gallery entitled to terminate the agreement.

6.3 The customer has the right to have goods delivered under an order from Art Gallery if there is a consumer pursuant to Article 7:5 BW, within a period of 7 days without giving a reason to terminate the contract, unless otherwise. This period begins when the ordered goods are delivered. If the customer after this period the goods delivered to Art Gallery has not returned, the purchase is a fact. The customer is obliged, before proceeding to returning it within the period of 7 working days to report to Art Gallery. The customer must prove that the goods delivered on time (no later than 10 days after delivery) were returned, for example through a proof of mail delivery. The return of the goods delivered is the sole responsibility and risk of the customer. Return of the goods must be in original packaging (including accessories and documentation) and in new condition. If the goods to the customer were used, partially used, mortgaged or otherwise corrupted, the right to terminate under this paragraph. Subject to the provisions in the preceding sentence, confirms Brenda apparent after receipt and inspection of the returned goods to the termination of the sale immediately and ensure that within 30 days after reception of the complete return, the full purchase price to the buyer charge is repaid.
6.4 The right of rescission, as described in the preceding paragraph shall apply only to the goods and will in no way relates to services or materials that are custom cut, this gives Art Gallery always the possibility of sampling, besptellen . Services, where Art Gallery only as an intermediary or agent, will the general terms of such artists, designers or manufacturers may apply.

Article 7. Force Majeure

7.1 Force majeure means addition to the provisions in the law and jurisprudence, all circumstances beyond Art Gallery's control and the delivery of things hinder or prevent including but not limited to strikes by Art Gallery and / or suppliers interference in the Internet or WAP, interruptions in the electricity failures in e-mail traffic and disturbances or changes in technology supplied by third parties.
7.2 A force majeure may also be done if the circumstance rendering (further) fulfillment occurs when the Art Gallery have performed its obligations.
7.3 If the period of force majeure the obligation by Art Gallery not possible lasts longer than 2 weeks, both parties are entitled to terminate the agreement, without there being any obligation to pay compensation.
Art Gallery 7.4 If the force majeure already partially fulfilled its obligations, some or all of its obligations is entitled to the already delivered or the delivery part separately billing and the customer is obliged to pay this invoice as if it were a separate contract. However, this does not already delivered or deliverable part no independent value.

Article 8. Warranty

8.1 Art Gallery offers no extended warranty on goods supplied to the warranty (terms) of the manufacturer of these goods, but without the rights of the buyer arising from mandatory legal provisions to attack.
8.2 Art Gallery is never responsible for the ultimate fitness of things for each individual application by the customer, nor for any opinions regarding the use or application of the business.
8.3 The customer is obliged to delivered goods immediately upon receipt to check. Should the goods delivered wrong, inadequate or incomplete, then the customer (before proceeding to return to Art Gallery these defects immediately in writing to Art Gallery. Any defects or faulty goods should and can look up 2 Art Gallery months after delivery to be reported in writing. Return of the goods must be in original packaging (including accessories and documentation) and in new condition. Operation after detection of failure, damage caused after detection of failure, encumbrance and / or resale after detection of failure, does the right to claim and return void.
8.4 Where complaints of the customer by Art Gallery founded are found, will Art Gallery at its option or the goods delivered at no charge or the customer a written agreement on compensation measures, with the understanding that the liability of Art Gallery and therefore the amount of the compensation is still limited to no more than the invoice amount of the relevant goods, or (at your option Art Gallery to the maximum in the case concerned the liability of Art Gallery amount covered. Any liability of Art Gallery for any other form of damage is excluded, including any additional compensation of any kind, compensation for indirect or consequential damages or damages for lost profits.
8.5 Art Gallery is not liable for damages caused by intent or recklessness to non-managerial staff.
8.6 This warranty does not apply if: A) and as long as the customer is in default against Art Gallery, B) the buyer has parried the delivered goods themselves and / or processed or third parties to reparerenen / or edit. C) delivered to abnormal conditions have been exposed or otherwise careless handling or contrary to the instructions of Art Gallery and / or instructions on the package have been treated, D) were defective in whole or in part the result of regulations that the government has made or will make regarding the nature or quality of materials used;

Article 9. Payment

9.1 Unless otherwise agreed, the payment with a PIN transaction to take place at the place of delivery of the products. Payment in installments is not possible.
9.2 After the expiry of 10 days after the invoice date, the buyer is legally in default and from that moment an interest of 1% per month on the amount due, unless the statutory interest is higher in which case the legal interest which a part of one month for an entire month.
9.3 In the event of bankruptcy or receivership of the customer or an application therefore, the claims of Art Gallery and the obligations of the buyer against Art Gallery immediately due and payable.
9.4 If Art Gallery its claim for collection is to give the customer a fixed amount of 15% of the extrajudicial collection costs, with a minimum of 250 euros.
9.5 If Art Gallery can demonstrate it has incurred higher costs which were reasonably necessary, these will also be recoverable.

Article 10. Retention

10.1 The ownership of all Art Gallery sold to the customer and delivered to Art Gallery continues until the customer's claims Art Gallery under the previous or subsequent agreement or similar agreement has not satisfied until the customer performed or to performed under these or similar agreements have met and as long as the buyer's claims Art Gallery due to failure to fulfill such commitments are not fulfilled, including claims relating to penalties, interest and costs, all as referred to in Article 3:92 BW.
10.2 The goods delivered by Art Gallery falling under the retention of title may only part of normal business activities and must never be used as payment.
10.3 The customer is not entitled under the title falling to pledge or otherwise encumber.
10.4 The customer gives unconditional and irrevocable consent to Brenda by Art Gallery Baart or a third to be appointed, in all cases where Art Gallery its property to exercise, all those sites and locations where its assets are then located and doing business there to take.
10.5 If third parties seize goods delivered under retention of title or rights to establish or exercise, the client is obliged Art Gallery as soon as reasonably may be expected to know.
10.6 The customer undertakes the property to be delivered to insure and keep insured against fire, explosion and water damage and theft and the policy of this insurance on first request to give Art Gallery

Article 11. Privacy 

11.1 Art Gallery respects the privacy of online visitors to its website and is the sole owner of the information obtained through this website, unless otherwise indicated. Art Gallery This information is not sold, shared or rented to third parties other than as disclosed in this statement.
11.2 Information that can identify an online visitor to the website of Art Gallery can be derived, is supplied voluntarily by the visitor. Information may be Art Gallery (and all its subsidiaries and brands) are used to decrease the visits to our sites easy and enjoyable as possible. In addition, this information may be used for analysis and providing information on product Art Gallery. The customer gives explicit permission. Art Gallery is entitled to information about a visitor to disclose in special cases when there is reason to believe that disclosing this information is necessary to identify, in contact with one or litigation against someone who may intentionally or not the rights or property of Art Gallery other site users, or others who may suffer damage, harm or causes damage. Art Gallery may disclose user information when we believe in good faith that the law requires.
11.3 Art Gallery collects non-personal information about our online visitors to the total number of visitors to the website and identify the type of Internet browser and operating system. Personal Information may request that the online visitor will be removed as far as Art Gallery require a disproportionate effort or expense.

Article 12. Intellectual Property Rights

12.1 Unless expressly agreed otherwise in writing, based the complete copyright and all other intellectual and industrial property rights related to the Art Gallery delivered or services, such as brand, design rights, patent rights, sui generis database rights, etc., only to Brenda concern and / or its suppliers.
12.2 The parties undertake sufficient measures to preserve confidentiality with respect to each other confidential data with which they implement the agreement such information.

Article 13. Applicable law

All offers and agreements Art Gallery only Dutch law. The applicability of the Vienna Sales Convention is expressly excluded.

Article 14. Disputes

14.1 The customer can ask for and / or complaints call Art Gallery 's Customer Care helpdesk on 0114-313092 reached Monday through Friday from 8:30 to 5:30 p.m. hours. Complaints are usually handled within 30 days. If for any reason this is not possible, the customer informed of vertraginsduur.
14.2 The customer has the opportunity to submit the dispute to an independent arbitration board. This may be the Adjudication Committee or an equivalent Thuiswinkel disputes committee, without prejudice to the right of recipients to submit the dispute to a competent court.