Terms and conditions and privacy statement

GENERAL TERMS AND CONDITIONS ARS DECORA VOF

These conditions apply to everything associated with purchasing and sales, including but not limited to, quotations, sales and deliveries of products Ars Decora.

Ars Decora reserves the right to modify or supplement these terms and conditions. These conditions make all the previous ones obsolete. These conditions are published on the website www.arsdecora.com.

By entering into an agreement with Ars Decora, buyer declares to be aware of and agree to these terms and conditions.
Deviating from the general terms and conditions is only possible if explicitly agreed and recorded between the buyer and Ars Decora.

Content:

Article 1 – Definitions
Article 2 – Identity Ars Decora
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of return
Article 7 – Price and payment
Article 8 – Conformity and quality assurance
Article 9 – Delivery
Article 10 – Damage
Article 11 – Complaints regulation
Article 12 – Privacy statement
Article 13 – Intellectual property right
Article 14 – limitation of liability


Article 1 – Definitions

In these conditions the following definitions shall apply:

Buyer: the natural or legal person who enters, considers to enter, or has entered into a purchase agreement with Ars Decora;
Offer: the description of the products, as done by Ars Decora via its website or derivative media;
Products: the artworks and other items offered by Ars Decora;
Agreement: the agreement between Ars Decora and the buyer;
Day: Calendar day.


Article 2 – Identity Ars Decora

Ars Decora VOF
operating under the name: Ars Decora
Location: Rozenlaan 8, 3135 XR Vlaardingen, The Netherlands
Telephone (NL): +316 – 30 01 33 90, +316 – 25 51 34 29
E-mail: info@arsdecora.com
Chamber of Commerce number: 585.19.866
VAT number: 8530.73.818.B01


Article 3 – Applicability

1. These general conditions apply to every offer of Ars Decora and any concluded agreement between the buyer and Ars Decora.
2. Before the agreement is concluded, the text of these general conditions will be made available to the buyer by publication through the website www.arsdecora.com in such a way that it can be stored on a durable medium by the buyer in a simple way


Article 4 – The offer

1. The offer includes a complete and accurate description of the products offered. The description is sufficiently detailed to allow a proper assessment of the offer by the buyer. Images give a true representation of the products offered. Colours and sizes of the objects may differ due to technical limitations.
2. Any offer contains clear information for the buyer on:
- The price including taxes;
- The cost of delivery, in case the buyer requested this information;
- The manner in which the agreement will be established and what actions are required;
- whether the right of withdrawal applies or not;
- the manner of payment, delivery or performance of the agreement;
- The deadline for accepting the offer, or the deadline for payment of the price.
3. Ars Decora has the right to, without giving any reason, not deliver a product offered on its website.


Article 5 – The agreement

1. The contract is entered into at the moment of acceptance of the offer by the buyer and buyer meets the corresponding conditions.
2. If the buyer has accepted the offer electronically, Ars Decora will immediately confirm the acceptance of the offer by electronic means. As long as receipt of this acceptance has not been confirmed, the buyer may terminate the agreement.
3. Before or at the time the agreement is concluded, Ars Decora will make the following information available to the buyer in writing or in such a way that it can be stored on a durable medium in a simple way:
- The address of the establishment of Ars Decora where the buyer can lodge complaints;
- The conditions under which and the manner in which the buyer may call on the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- Information on existing after sales service and guarantees;
- The information contained in article 4 paragraph 2 of these conditions.
4. Changes to the original agreement between the buyer and Ars Decora are only valid from the time that these changes are accepted by both parties through an additional or amended agreement.


Article 6 – Right of return

1. At the purchase of products, the buyer can cancel the agreement without giving reasons within 14 (fourteen) days. This period starts on the day after the buyer receives the product.
2. The provisions of the preceding article shall not apply if excluded beforehad explicitly and reasoned by Ars Decora, and if buyer has agreed to it.
3. During the period referred to in the first article, the buyer will treat the product and packaging carefully, and not make alterations and/or pass it on. If he makes use of the right of return, he will return the product with all accessories immediately after the deadline in the original condition and packaging to Ars Decora, in accordance with the reasonable and clear instructions provided by us.
4. After checking that the product is in original and undamaged condition, the amount paid by the buyer will be refunded within 14 (fourteen) days. Damage caused by improper packaging when returning will be charged to the buyer.
5. If the buyer makes use of the right of return, the cost of returning the goods will be on his account.


Article 7 – Price and payment

1. The prices mentioned in the offers of products include by Ars Decora the VAT to be paid under the margin scheme. At the request of the buyer, the transport costs are added to the offer.
2. Unless otherwise agreed upon in writing, all payments will be made by bank transfer within 14 days. Upon expiry of this period Ars Decora will send a reminder, which may possibly include a new term. At the end of the last period, the agreement is considered to have been cancelled.


Article 8 – Conformity and quality assurance

1. Ars Decora must ensure that the works delivered to the buyer meet the statements made in the offer by Ars Decora referred to in article 4 with respect to quality, origin, authorship and condition, to the extent that these statements are made explicit and unambiguous. Ars Decora cannot be held to statements which have a more general and descriptive context-providing character.
2. The buyer is considered to be aware of the usual abnormalities, repairs and wear that can occur in vulnerable objects of advanced age. Ars Decora cannot be held responsible for this.
3. The buyer is obliged upon receiving to examine the work (or have it examined) on shortcomings with regard to the statements made.
4. Any complaints regarding non-compliance must be reported in writing to Ars Decora within one month after delivery. Warranty claims are void if the buyer fails to conduct the examination or fails to give notice of default in time.
5. Complaints referred to in the previous paragraph are only possible to the extent that the buyer has not been altering or changing the delivered work. Complaint does not suspend any obligations of the buyer.


Article 9 – Delivery

1. Ars Decora will take the greatest possible care when receiving and implementing orders of products.
2. The place of delivery is the address that the buyer has communicated to Ars Decora.
3. If the buyer fails to provide Ars Decora with the necessary (modified) data for the implementation of the agreement, Ars Decora has the right to suspend the execution of the agreement and / or charge the buyer extra costs, according to the usual rates resulting from the delay.
4. Ars Decora will deal with accepted orders with due speed but no later than 30 days after receipt of payment, unless there has been agreed on a longer period. If delivery is delayed, or if an order can only be carried out partially or not at all, the buyer will be informed at the latest one month after placing the order. In this case, the buyer has the right to terminate the agreement without penalty.
5. Changes to the original agreement, of any nature, provided on behalf of the buyer in writing or verbally, which cause higher costs than could be expected at the time of the quotation and/or order confirmation, will be charged extra to buyer.
6. Ars Decora is entitled to perform deliveries in parts.
7. In case of termination in accordance with paragraph 4, Ars Decora refund the amount the buyer paid as soon as possible, but no later than 14 days after termination.


Article 10 – Damage

1. The risk of damage and/or loss of products rests with Ars Decora until the moment of delivery to the buyer or a previously designated representative who is also introduced to Ars Decora, unless otherwise explicitly agreed. The risk of loss or damage to the product passes to the buyer at the time it is legally and/or actually delivered to the buyer and thereby brought under the authority of the buyer or a third party appointed by the buyer.
2. If the buyer notices damage to the product directly upon delivery, he must refuse delivery.
3. The buyer must check the product for damage after receiving. Any complaints must be reported in writing to Ars Decora within no more than 8 calendar days after delivery. Warranty Claims for damages expire if the buyer fails to conduct the examination or fails to give timely notice of default.


Article 11 – Complaints regulation

1. Complaints about the implementation of the agreement must be fully and clearly defined and submitted to Ars Decora within a reasonable time after discovery of the defect. For complaints relating to non-compliance and damage, article 8 and 10 shall apply respectively.
2. Complaints submitted to Ars Decora are answered within a period of 14 days counted from the date of receipt. If a complaint foreseeable requires longer processing time, Ars Decora will respond within the period of 14 days that the complaint has been received and will indicate when the buyer can expect a more detailed answer.
3. If one or more of these articles will be declared invalid by court order, other provisions of these terms and conditions shall remain in full force and Ars Decora and buyer shall enter into consultation on new provisions to replace the invalid ones or agree on void provisions, whereby the purpose and intent of the invalid or unenforceable provisions shall be taken into consideration as much as possible.


Article 12 – Privacy statement

The personal information that the buyer sends via the contact form on the website or in direct mail will be used to process orders. Mail- and e-mail adress information and, where appropriatie, a registration of the work that was sold or area’s of personal interest that were transmitted, will be kept in a file by Ars Decora to be used for transmission of information mailings. In each mailing the buyer will be given the option to unsubscribe and/or to remove his data completely from the file for future mailings. The data will not be made available to third parties.


Article 13 – Intellectual property right

All pictures and information published by Ars Decora via the website or otherwise are intellectual property of Ars Decora and may be used only with the explicit indication: www.arsdecora.com. In case of abuse of Ars Decora´s website and/or trade name, products, photos, texts, systems or intellectual property, Ars Decora will take legal action.


Article 14 – Limitatio of liability

The liability of Ars Decora pursuant to any agreed delivery is always limited to the respective amount in the agreement , even if there might be consequential loss or damage to third parties.


ARS DECORA Augustl 2018