General terms & conditions Bernardus Muller art
In these General Terms and Conditions, the following terms shall have the following meanings:
– ‘Buyer’: a person who is not acting in the course of a business or profession.
– ‘Day’: calendar day.
– ‘Digital Content’: data produced and delivered in digital form.
– ‘Extended Duration Transaction’: a distance contract relating to a range of products and/or services, whose supply and/or purchase is spread over time.
– ‘Durable Medium’: any tool – including email – that enables the Buyer or Seller to store information directed to him personally in a way that facilitates future use or consultation during a period that is in keeping with the purpose for which the information is intended, and which facilitates the unaltered reproduction of the stored information.
2. Identity of the Seller
The webshop bernardusmuller.art is an initiative of:
Bernardus Muller Art, Landpoortstraat 22, 4797 AN Willemstad, The Netherlands. Email address: firstname.lastname@example.org
– These General Terms and Conditions apply to every transaction made between the Seller and the Buyer.
– Prior to the conclusion of the transaction, the text of these General Terms and Conditions will be made available to the Buyer electronically, in such a way that the Buyer can easily store them on a Durable Medium.
4. The Artwork
– The artwork is sold at a price as indicated on the Seller’s webshop or as offered by the Seller through email communication.
5. The Contract
– The contract is, subject to the provisions in paragraph 4, concluded at the moment at which the Buyer accepts the price of the artwork and meets the corresponding conditions.
– The price of the artwork as indicated on the Seller’s webshop or as offered by email will remain valid during the period of the transaction, except for changes in VAT-tariffs.
7. Compliance and extra guaranty
– The Seller guarantees that the artwork complies with the description provided, the reasonable requirements of reliability and/or serviceability and the statutory stipulations and/or government regulations that existed on the date on which the contract was concluded. If agreed, the Seller also guarantees that the artwork is suitable for other than normal use.
8. Delivery and Execution
– The Seller will take the greatest possible care when receiving and implementing orders for artwork.
– The place of delivery is deemed to be the address that the Buyer makes known to the Seller.
– The Seller shall execute accepted orders with convenient speed but at least within 30 days unless a different delivery period has been agreed.
– The Buyer has the duty to report inaccuracies in provided or stated payment details to the Seller without delay.
10. Cancellation/Return Policy
– Due to the unique nature of the Art pieces sold, returns and cancellations are not accepted, except in the case of damage to the piece. If a product is damaged upon delivery, the Buyer should notify the Seller immediately, providing full details of the damage along with photographic evidence.
– Upon receipt of evidence of damage, the Seller will review and determine whether a return, replacement or refund is appropriate.
– The Seller will refund all amounts paid by the Buyer, including any delivery costs that the Seller may charge for the returned product, as soon as possible but within 14 days following the day on which the Seller acknowledged the damage.
– The Seller respects the privacy of all users of its site and ensures that the personal information you provide is treated confidentially. We use your information to process orders as quickly and easily as possible.
– The Seller will not sell your personal information to third parties and will only make it available to third parties involved in carrying out your order.
12. Exclusion of Liability
This Exclusion of Liability clause (the “Clause”) is an integral part of the Agreement and shall survive any termination or expiration of the Agreement.
1. Liability Disclaimer. Subject to the terms and conditions of this Clause, each Party hereby disclaims and waives any and all liability to the other Party or any third party arising out of or related to any act or omission of that Party in connection with the performance of this Agreement.
2. Indemnification. Each Party agrees to indemnify, defend and hold harmless the other Party from and against any and all claims, demands, losses, liabilities, suits, damages, costs, and expenses of any kind arising out of or related to any act or omission of the indemnifying Party in connection with the performance of this Agreement.
3. Limitations on Liability. Except as otherwise provided in this Clause, neither Party shall be liable to the other Party for any indirect, incidental, special, consequential, punitive, or exemplary damages, including lost profits, lost business, lost data, or any other loss, cost or expense of any nature whatsoever, whether foreseeable or not, arising out of or related to this Agreement or the performance hereof, even if such Party has been advised of the possibility of such losses or damages.
4. No Warranties. To the fullest extent permissible by law, each Party disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
5. No Consequential Damages. In no event shall either Party be liable for any consequential, indirect, special, punitive, or exemplary damages, including, but not limited to, loss of business profits, loss of business opportunity, or any other loss, cost or expense of any nature whatsoever.
6. Limitation of Liability. The total liability of either Party arising out of or related to this Agreement shall not exceed the total amount of the consideration paid by the indemnifying Party to the indemnified Party.
7. Waiver of Liability. The waiver by either Party of any right, power, or privilege under this Clause shall not be deemed a waiver of any other right, power, or privilege under this Clause.
13. Dispute resolution
The parties agree to attempt in good faith to resolve any dispute, controversy, or claim (each, a “dispute”) arising out of or relating to this Agreement, or the breach, termination, or validity thereof, by negotiation between their respective representatives who have authority to settle the controversy.
If the parties are unable to resolve any dispute within 30 days after notice of the dispute is given, then either party may submit the dispute to binding arbitration in accordance with the Netherlands Arbitrage Institute(NAI).
If the parties fail to agree upon an arbitrator within 30 days of the demand for arbitration, then the arbitrator shall be selected by the NAI. The arbitration shall take place in Rotterdam, The Netherlands , and shall be conducted in English. The parties shall be entitled to conduct reasonable discovery in accordance with the NAI rules, the costs of which shall be borne by the parties as provided in the award. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties hereby waive all rights to appeal or otherwise challenge the arbitrator’s award.
– These terms and conditions may be updated from time to time. It is your responsibility to check for updates
Severability. If any provision of this Agreement is found to be invalid or unenforceable, the other provisions shall remain in full force and effect.
Waiver. No provision of this Agreement may be waived, modified, or amended except by a written instrument signed by the party against whom it is sought to be enforced.
Notices. All notices, requests, demands, and other communications required or permitted hereunder shall be in writing and shall be deemed to have been duly given if delivered personally, sent by overnight courier, or mailed by registered or certified mail, return receipt requested, postage prepaid, to the respective addresses of the parties set forth herein.
No Waiver. No failure or delay by either party to exercise any right or remedy under this Agreement shall be construed or operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy.
Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements or understandings, whether written or oral, express or implied.
Force Majeure. Neither party shall be liable for any failure to perform its obligations hereunder if such failure is due to acts of God, war, terrorism, strike, labor dispute, work stoppage, fire, act of government, or any other cause beyond the reasonable control of such party.
15. Governing Law
– Contracts between the Seller and the Buyer to which these General Terms and Conditions apply, are exclusively governed by Dutch law. Any disputes arising in connection with these General Terms and Conditions, including disputes concerning the existence and validity thereof, will be resolved by the competent courts of Rotterdam, The Netherlands.
Version: July 2023