Terms and Conditions

Conditions Gallery Wildevuur   applicable on January 1, 2015

office address     Galerie Wildevuur, Zwiggelterweg 4, 9414 TN Hooghalen
contact  phone     0593- 592411, e-mail galerie@wildevuur.nl, webshop  www.wildevuur.nl
Chamber of Commerce registration 04046374, VAT number NL802901566B01

1  DEFINITIONS

For the purposes of these terms and conditions the following terms have the meanings as given below:
Wildevuur: the Company as described above;
Artist: the creator of the painting, sculpture or other artwork offered for sale;
Buyer: the natural or legal persons who purchase products or via Wildevuur in the gallery or via the website;
Parties: Wildevuur and the buyer;
Products: paintings, sculptures, works of art, frames and other and future products and services of Wildevuur;
Agreement: the written agreements between Wildevuur and the buyer regarding the delivery of the products;
Delivery: the moment when the purchaser, or a third party acting on behalf of the buyer, acquires ownership of and control over the products;
Intellectual property: All complete, worldwide intellectual property rights and similar related rights in the broadest sense, including in particular means - but is not confined to - the next (or claims thereto): copyright, trademarks, database rights, know-how and domain names including any future intellectual property rights, including all powers to the relevant national and international regulations it may grant.

2  APPLICABILLITY

2.1. These conditions apply to all orders, quotations and deliveries of, and agreements with, and payments to Wildevuur.
2.2. By placing an order, order or purchase the buyer expressly agrees to these terms and conditions.

3  PURCHASE AGREEMENT

A purchase agreement between Wildevuur and the buyer is only established when Wildevuur expressly accepted an order from the purchaser in writing by e-mail.

4  ORDER

4.1. Quotations of Wildevuur can only be accepted without deviations. All offers of Wildevuur, whether they are based on standard prices or special offers are valid while stocks last. The buyer cannot derive rights from quotes from Wildevuur. 4.2. Wildevuur will not be bound by obvious errors or mistakes in its offers.
4.3. The standard method for mentioning prices is in Euros (€). The prices of the products listed on the Wildevuur website include VAT and other government levies and exclusive costs of shipping and / or other transportation. Before the order is completed, Wildevuur will display the total price that the buyer must pay on its website.
4.4. After placing an order, the buyer receives an email from Wildevuur in which the products ordered and the total amount of the order is stated inclusive of VAT and shipping.
4.5. Wildevuur has the right without giving reasons to refuse orders within one week of receipt.

5  DELIVERY

5.1. The buyer has to pay the full purchase price in advance. Delivery will take place until the payment by Wildevuur has been received in the manner agreed.
5.2. A by Wildevuur specified delivery deadline is only an indication, unless otherwise expressly agreed in writing that the deadline is final.
5.3. An work is delivered when the buyer picks up the product in the gallery or taken from an address specified by Wildevuur. Delivery also happens when Wildevuur has the product delivered, under the contract by a carrier, to the address specified by the buyer. The buyer has a purchase obligation.
5.4. If the buyer has ordered more than one product, Wildevuur is entitled to deliver the products in parts and is entitled to demand payment for each partial delivery.
5.5. The risk of loss, theft, destruction and / or damage to the product passes to the buyer when the buyer, or someone acting on behalf of the buyer, gets physical possession of the product. The same transfer of risk occurs when Wildevuur has the product ready for delivery to the buyer and the product is not picked up or collected according to agreement. In case of non-reduction by the buyer all costs made, and to be made,  by gallery Wildevuur in connection with the offering, transportation, storage and insurance are for the account of the buyer. In addition, the buyer is liable for all damage suffered by Wildevuur by non-reduction.
5.6. If the product is delivered, while the purchase price is not yet fully received, the ownership of the product does not pass to the buyer when it has fully met its payment obligations under any agreement with Wildevuur whatsoever, including payment interest and costs as specified in these conditions. The buyer is supposed to keep the product for Wildevuur until full payment is made.
5.7. If the buyer, before  the full purchase price of the product  is paid to Wildevuur, pledges the product completely or partially to a third party or tries to transfer property, the buyer is immediately due and payable penalty to  Wildevuur to the size of unpaid portion of the purchase price, without prejudice to Wildevuur full compensation. Furthermore buyer is obliged to provide Wildevuur data of the aforementioned parties.
5.8. The risk of loss, destruction and / or damage to products that the buyer delivers to Wildevuur for processing or repair, remains with the buyer, unless otherwise provided by written agreement.

6  PAYMENT

6.1. Wildevuur requires payment of the products beforehand. Payment is due within 14 days after delivery of the goods to be done, unless otherwise expressly agreed. Wildevuur is entitled to make partial deliveries and to invoice them separately.
6.2. Complaints about invoices must be communicated Wildevuur in writing within 8 days from date of shipment or delivery of the invoice, failing which the invoice approved by buyer unconditionally.
6.3. All payments must be made by the buyer without any deduction or set-off, unless the counterclaim of the purchaser on gallery Wildevuur is explicitly acknowledged or legally established. The buyer is not entitled to suspend its payment obligation.
6.4. Wildevuur has the right to demand advance payment or a cash payment if it sees fit.
6.5. By the mere expiry of a period of 30 days after the invoice date, the buyer becomes, without any notice or reminder is needed, in default and on the amounts due from the date of default an immediately payable interest rate of 2% per month or per portion thereof due. Wildevuur may also suspend further deliveries until full payment of all amounts due is received.
6.6. All costs, both judicial and extrajudicial expenses (including all costs related to legal assistance) for gallery Wildevuur related to the enforcement of its rights against the buyer shall be borne by the buyer. The extrajudicial costs are calculated according to the prevailing rate of the Dutch Bar Association.
6.7. If, even after demand within the deadline, payment is not made, Wildevuur is entitled to terminate the agreement -at its option in whole or in part -by means of a written notice to the buyer, without prejudice to its right to compensation.

7  TERMINATION

7.1. If the buyer does not properly or timely fulfill any obligation arising from the contract for him, and in the event of bankruptcy or (provisional) suspension of the buyer's payment, the buyer is in default without notice and Wildevuur is entitled without judicial intervention:
a. to suspend the execution of the agreement until the fulfillment of this obligation, in the opinion of Wildevuur sufficiently secured; and / or
b. to completely or partially dissolve each of the agreements between Wildevuur and the buyer, without prejudice to any other rights of Wildevuur and without being liable for any damages.
7.2. In all the cases mentioned in the previous paragraph, all claims of Wildevuur on the purchaser are immediately and fully due and Wildevuur is entitled to recover on the unpaid products. In that case Wildevuur and its authorized representative (s) will be entitled to enter the premises of the Buyer to take possession of these products in order to give Wildevuur the opportunity to enforce its rights.

8  BUYER'S PRIVACY

8.1. Wildevuur treats all personal information it receives from the buyer as private and confidential. Wildevuur uses the personal data for the execution of the agreement and the payment and delivery of the products. Wildevuur is also entitled to use the personal data for its own promotional activities, such as the Wildevuur newsletter.
8.2. Wildevuur will not disclose the buyer's personal data to any third parties other than those involved in the payment and shipping of products.

9  RIGHT OF WITHDRAWAL & RETURN

9.1. The buyer has the right to revoke the contract without giving any reason within 14 days from the date of delivery of the products. For this, the buyer informs Wildevuur timely by email; or in writing to the above address.
9.2. If the buyer wishes to use the right of withdrawal, the purchaser may only unpack or use the product as necessary to assess whether he or she wants to retain the product. During this period the buyer will handle the product and the packaging with care.
9.3. The buyer must return the products immediately with all accessories and in the original packaging. The direct cost of returning the products are payable by the buyer. Returns must be sent by registered mail to the above, return address (gallery Wildevuur, Zwiggelterweg 4, 9414 TN Hooghalen).
9.4. If the buyer uses the right of withdrawal, Wildevuur will refund the purchase price within 14 (fourteen) days of receipt of the returned products.
9.5. If the buyer does not act in accordance with section 9.2., or if the products otherwise are not returned in its original state, Wildevuur is not obliged to refund the purchase price to the buyer.

10  WARRANTY & DEFECTIVE GOODS

10.1. The purchaser buys the product in its condition at the time of purchase. The buyer must inform themselves beforehand on the condition of the product.
10.2. Where the products do not meet the reasonable requirements of the products, the buyer must report this immediately to Wildevuur, but in no event later than fourteen (14) calendar days after delivery of the products. If the buyer fails to comply with the provisions of this paragraph any right to recovery and / or any other possible damages claim will invalidate.
10.3. The fact that a product is faulty, the purchaser shall in no event be entitled to suspend payment or to offset this by paying the invoice amount for any other products that are delivered to the buyer.
10.4. Wildevuur guarantees the authenticity of the product, unless the warranty express or implied (for example, by the level of the price for which the product has been paid) is reserved.
10.5. Wildevuur opposes the buyer guarantee damage to the product occurring during the guarantee period of 30 days unless the purchaser, or a third party on the basis of the law, is fully or partially liable for the damage. Such a buyer's liability is always the case with incorrect or improper handling of the product by the purchaser or by third parties. Out of warranty or liability of the gallery is damage caused by or resulting from a lack of the framing.
10.6. Any complaints regarding non-compliance of the product should be subject to forfeiture of rights within two months after collection or after the occurrence of the damage is known to be made in writing to gallery Wildevuur.
10.7. If timely manner, and in compliance with all provisions of Articles 10 and 15 complaints have been filed, the consequent Wildevuur obligations are as follows:
a. If, in the reasonable opinion of the gallery it has been sufficiently demonstrated that the product is damaged and that Wildevuur is liable for this, the gallery will have the choice:
I. repair the product;
II. to grant the buyer a mutually agreed discount on the purchase price;
III. to terminate the agreement.
By fulfilling one of the aforementioned performances Wildevuur will respect its obligations to the buyer and is fully discharged;
b. If, in the reasonable opinion of Wildevuur it has been satisfactorily demonstrated that the product contrary to a statement of authenticity in accordance with 10 paragraph 4 is not genuine, the buyer is entitled to a refund of the product price paid - without any fee, any loss of interest or otherwise - against simultaneous return of the product to Wildevuur, provided that the purchaser returns the product in the state in which it was at the time of delivery. If the buyer cannot return the product in the same condition it was in at the time of delivery of the product, the claims of the buyer expire and Wildevuur is not bound to restitution.
10.8. In the event that repairs are carried out on a product by Wildevuur, this product is for the risk of the purchaser. Until Wildevuur in accordance with paragraph 7 of this Article has taken back a product, the product also remains at risk of the buyer.

11  PRESERVATION OF RIGHTS

11.1. All delivered to the purchaser remain the property of Wildevuur until all amounts owed by the buyer for the products delivered or to be delivered, as well as all other amounts which the purchaser has to pay as a result of default, are paid in full.
11.2. As long as the ownership of the goods is not transferred to the buyer, the buyer is not authorized to pledge the products or any grant that third party rights.
11.3. Without prejudice to any powers Wildevuur has the right, as long as any amounts resulting from deliveries have not been paid, to retrieve or take the delivered items back.

12  LIABILITY

12.1. In all cases liability of Wildevuur arises, as a result of attributable failure in the performance of the contract, only if the buyer sends a default notice to Wildevuur in writing, subject to a reasonable recovery period and if Wildevuur after that period imputably continues to fall short in the fulfillment of its obligations. The notice must contain a comprehensive and detailed as possible description of the shortcoming to enable Wildevuur to respond adequately.
12.2. Wildevuur is only liable for losses resulting directly from foreseeable and avoidable shortcomings that are here’s to blame and are directly related to the delivery of the products.
12.3. Any obligation to pay compensation on any grounds whatsoever shall at all times be limited to the price of the product.
12.4. If and insofar as payment or payment under the terms of the previous paragraph, for whatever reason, not applicable, any obligation (legal or otherwise) of Wildevuur will be the payment of compensation are limited to the value of the order.

13  FORCE MAJEURE

13.1. If Wildevuur fails any obligation to the purchaser, such a shortcoming Wildevuur cannot be charged in case of force majeure as referred to in Section 6:75 of the Civil Code.
13.2. Force majeure includes (but is definitely not limited to) fire, disruptions, strikes organized by a recognized association and actions or lack thereof of government, including municipalities (such as import restrictions).
13.3. All the provisions of this paragraph shall apply mutatis mutandis to the supremacy of the suppliers Wildevuur and / or any third party involved in the production and supply of the products. All instances of inaction and / or late and / or inadequate performance by the parties will be considered listed in that provision as force majeure for Wildevuur.

14  INTELLECTUAL PROPERTY RIGHTS

14.1. All intellectual property rights relating to the services and products of Wildevuur and any other documents and materials provided by Wildevuur are solely owned by Wildevuur. The buyer obtains no (user) rights and / or other powers.
14.2. The purchaser agrees to do not in any way infringe the intellectual property rights of Wildevuur or making those rights invalid and/or transfer ownership of such rights in jeopardy.
14.3. The copyright on the paintings and sculptures belong to the artist and are reserved by both the artist and the gallery.
14-4. The buyer is not permitted to publish products purchased and/or to reproduce them. Wildevuur can mediate between the artist and the buyer if the buyer wishes to publish the product in any way

15  LIMITATION PERIOD

15.1. Unless these conditions are not otherwise, any rights of action and other powers of the buyer expire within one year after the purchase contract has been concluded.
15.2. Rights and powers to the buyer resulting from the sale agreement with Wildevuur are not transferable.

16  SETTLEMENT

Offsetting by the purchaser of a claim of Wildevuur with a counterclaim on the gallery is only permitted insofar as the counterclaim has been expressly recognized by the gallery or irrevocably judicially established.

17  OTHERS

17.1. The general conditions of the purchaser, regardless of the naming and form thereof, are expressly excluded, unless agreed otherwise in writing.
17.2. Adjustments to these terms and conditions shall be effective only if the parties agree so in writing.
17.3. The invalidity of any provision of these Terms and Conditions shall not result in the invalidity of the entire Terms and Conditions. In the event that any provision is invalid, the parties will replace it in conjunction with a valid regulation in such a way that the scope of these terms and conditions shall remain in force.

18  COMPLAINTS QUESTIONS OR COMMENTS

18.1. If the buyer has a complaint, question about these conditions and/or other remarks, the buyer can contact Wildevuur via the contact details listed in these Terms and Conditions. The buyer can reach Wildevuur by telephone, email or letter.
18.2. If the buyer has a complaint, Wildevuur will contact the buyer within 14 (fourteen) days after receipt of the complaint. In all other cases Wildevuur may decide - but is not obliged - to contact the buyer.

19  CHOICE OF LAW AND FORUM

19.1. These Terms and Conditions and any agreements related thereto are subject to Dutch law.
19.2. All disputes between the parties arising out of or otherwise relating to agreements or these Terms and Conditions will be resolved in consultation as much as possible. Any dispute not resolved by the parties, will be submitted to the competent court in Assen (The Netherlands), unless Wildevuur decides to take legal action against the purchaser at the competent court in another state or place of business.