TERMS AND CONDITIONS
Terms And Conditions – FreekJansenArt, 1 October 2021
Article 1 – Definitions
In these General Terms and Conditions, the following definitions apply:
1. ’The artwork’: the work specified in the agreement between the artist and the customer
2. ’The artist’: the creator of the artwork. Freek Jansen, FreekJansenArt, established Kruisbergseweg 85b, 6601 DD, Wijchen, registered in the trade register of the Chamer of Commerce of Utrecht Under KVK Number 83991484 and Branch number: 000050133969.
3. ’The customer’: the natural or legal person who enters into an agreement with FreekJansenArt.
Article 2 – Applicability Terms and Conditions
These General Terms and Conditions apply to all agreements, assignments, offers and quotations concluded with or issued by FreekJansenArt.
Article 3 – Realization of the Agreement
The agreement between FreekJansenArt and the customer is established by the customers acceptance of FreekJansenArt offer.
Article 4 – Prices
1. All prices are in euros and are inclusive BTW.
2. Price changes arising from the law, such as those relating to BTW, can be passed on to the customer.
Article 5 – Buy a Work of Art
1. If the agreement concerns the purchase of a artwork, the details of the work of art, the customers details, the method of payment, the method of delivery and other details will be recorded in the agreement to be drawn up.
2. A Specified term of delivery always indicative, unless expressly agreed otherwise.
4. Delivery of the artwork takes place in the manner as agreed in the agreement.
5.Complaints about defects in the purchased work of art must be submitted to FreekJansenArt in Good time after discovery, in any case being timely within one month. Failure to complain in time leads to loss of rights.
Article 6 – Repairs and other Work
1.Repairs and other work by FreekJansenArt to a work of art that is property of the customer will always be performed on the basis of a best efforts obligation.
2. Upon delivery of the work of art, the customer is obliged to inspect the work preformed. If the customer does not find the work performed in order, he will immediately notify FreekJansenArt, preferably in writing.
4. The customer is deemed to have accepted the work preformed if he has not reported defects in the work performed within one month after delivery of the artwork.
Article 7 – Payment
1. Payment by the customer is made:
– cash, including debit card payments and payments by credit card;
– based on an invoice.
2. If an invoice is sent the payment term is 21 working days from the invoice date. By the mere expiry of this term, the customer is in default and the customer owes statutory interest from the date of the default.
3. The Extrajudicial costs reasonably incurred by FreekJansenArt are for the account if the customer.
Article 8 – Retention of title and right of Retention
1. As long as the customer has not paid the full amount of the purchase price with any additional costs, FreekJansenArt reserves the ownership of the art work. In that case, the ownership will pass to the customer as soon as the customer has fulfilled all his obligations towards FreekJansenArt.
Article 9 – Personal Assignment
1. Provided that it is personally tinted, the customer is obliged to purchase the painting made by FreekJansenArt.
2. FreekJanseArt will inform the customer by means of photos of the progress go the personal assignment and the desired adjustments, as far as possible.
Article 10 – Law for the Protection of Personal Information
1. FreekJansenArt will process the customers personal data and include it in a file. The purpose of the processing of the data is to enable FreekJansenArt to fulfill the agreement that it has entered into with the customer, as well as to keep the customer informed about FreekJansenArt and the actives it develops.
2. The customer can contact FreekJansenArt at any time with the request to inform him/her whether and if so, wich personal data concerning him/her is being processed. If the customer is of the opinion that the personal data should be improved, supplemented, deleted or protected the customer must report this in writing by email or letter to FreekJansenArt.
Article 11 – Intellectual ownership
1. The copyright to the artwork remains with the artist. This right of the artist entails restrictions for the customer regarding the use, disclosure and reproduction of the work of art.
Article 12 – Force majeur
1. In ten event of force majeure, FreekJansenArt has the right to suspend the execution of the assignment or to dissolve the agreement in whole or in part, without the customer being able to assert any right or compensation for damage, costs or interest I that basis. The artist will immediately inform the customer of any case of force majeure and try to offer a mutually satisfactory alternative.
2. Force majeure: strikes, death, fire, transport, obstruction, war and in general all unforeseen circumstances as a result of which compliance with the agreement can no longer be demanded of the contractor.
3. FreekJansenArt will be able to perform each service to the best of its ability and is entitled to engage third parties for the performance of a service.
Article 13 – Applicable law and disputes
1. Dutch law applies to the agreement and any other legal relationships between the customer and FreekJansenArt.
2. All disputes arising as a result of the agreement(s) and these General Terms and Conditions will be submitted to the competent court in Den Haag, Unless a mandatory provision prescribes otherwise.