Terms and conditions
Article 1. Applicability
1.1 These general terms and conditions (“Terms”) apply to all offers, orders, agreements and deliveries of/at/with/by ArtLet Center via its webshop at www.artletcenter.com, to the exclusion of other (general) conditions. These Terms and Conditions can be consulted via the internet at www.artletcenter.com and will be sent on first request.
1.2 ArtLet Center can only deviate from the provisions of these Terms and Conditions in writing, in which case the other provisions will remain in full force and effect.
1.3 By accepting an offer and/or placing an order you accept the applicability of these Terms and Conditions.
Article 2. Offers/orders/agreements
2.1 All offers from ArtLet Center are without obligation and are subject to availability of the product. When a product is (temporarily) no longer available, you will be informed by e-mail after you have placed an order.
2.2 The information provided by us (including image/description) with regard to the offer and/or the product is as accurate as possible, but cannot be more than a general representation of the offer and/or the product. Any deviations therefore do not entitle you to dissolve the agreement, except and insofar as the right of return as indicated in article 5.3.
2.3 An agreement is only concluded after acceptance of your order by ArtLet Center. ArtLet Center is entitled to refuse orders or to attach certain conditions to the agreement. ArtLet Center will confirm the conclusion of the agreement and its content by e-mail within 10 days after the conclusion, whereby the administration of ArtLet Center is decisive.
Article 3. Prices and payments
3.1 The prices stated for the products and services offered are in euros, including handling and shipping costs, and any other taxes or levies, unless stated otherwise or agreed in writing.
3.2 Payment can be made in (one of) the manner(s) as indicated during the ordering process. Your order may be subject to further (payment or order) conditions. When paying by bank, the date of payment is the date of crediting the bank account of ArtLet Center.
3.3 ArtLet Center expressly reserves the right to change the prices, in particular when this is necessary on the basis of (legal) regulations.
3.4 If you are in default with any payment, ArtLet Center is entitled to suspend or dissolve (the execution of) the agreement in question and related agreements.
Article 4. Delivery/retention of title
4.1 The delivery times specified by ArtLet Center on the website and in the order confirmation are indicative. Exceeding the delivery term never leads to liability on the part of ArtLet Center and does not entitle you to dissolve the agreement until the exceeding is more than 30 days.
4.2 ArtLet Center is authorized to make use of third parties for the delivery of your order(s). If you are not present at the time of delivery, ArtLet Center is entitled to transfer the order to third parties at your address or adjacent address after signing the delivery note. The risk in respect of the products transfers to you after signing from you or from third parties.
4.3 The ownership of the delivered products only transfers if you have paid all that you owe to ArtLet Center under any agreement.
Article 5. Complaints, right of return and liability
5.1 Upon delivery, you must investigate whether the product corresponds to the agreement. If this is not the case, you must inform ArtLet Center of this as soon as possible, but in any case within seven (7) working days after delivery, or at least after observation was reasonably possible, in writing (e-mail) and with reasons.
5.2 If it is demonstrated that the product does not comply with the agreement, ArtLet Center has the choice to replace the product concerned with a new product upon return, or to refund the invoice value.
5.3 Agreements can be dissolved without stating reasons within seven (7) days after delivery of the product, by returning the delivered product to ArtLet Center. Dissolution is only possible when the returned product is unused and undamaged. The costs for return shipments are for your account. If the return shipment has been received and accepted by ArtLet Center, you will be credited within 14 days.
5.4 ArtLet Center is only liable towards you and/or third parties for any damage, however named and/or arising with regard to (the delivery of) the product if and insofar as ArtLet Center is insured for this. This is only different if there is gross negligence or intent on the part of ArtLet Center and/or if this expressly follows from a (factory) guarantee agreed with you. ArtLet Center is never liable for a higher amount than the order. You expressly indemnify ArtLet Center against any claim made by third parties against ArtLet Center with regard to (the delivery of) the product.
Article 6. Force majeure
6.1 Without prejudice to its other rights, ArtLet Center has the right in case of force majeure, at its own discretion, to suspend the execution of your order or to dissolve the agreement without judicial intervention, such by notifying you in writing (e -mail) and this without ArtLet Center being obliged to pay any compensation.
6.2 Force majeure is understood to mean any shortcoming that cannot be attributed to ArtLet Center, because it is not due to its fault and is not for its account under the law, legal act or generally accepted standards. Force majeure also includes all problems resulting from the use of the Internet, including, among other things, mutilation of information, delays, inaccessibility of the webshop/website and/or other malfunctions, etc.
Article 7. Miscellaneous
7.1 If you provide ArtLet Center with an address in writing, ArtLet Center is entitled to send all orders to that address, unless you provide ArtLet Center in writing with another address to which your orders should be sent.
7.2 If one or more of the provisions of these Terms and Conditions or any agreement with ArtLet Center is void and/or voidable, the relevant provision will lapse and will be replaced by a new legally permissible comparable provision to be determined by ArtLet Center without prejudice to the applicability of the other provisions.
7.3 ArtLet Center records your data, such as name, address and e-mail address in a database. Your data will be used for the execution of the agreement concluded with you. Your data will not be passed on to third parties without your express consent. The Personal Data Protection Act applies in full to this.
Article 8. Applicable law and competent court
8.1 All rights, obligations, offers, orders and agreements with ArtLet Center are exclusively governed by Dutch law.
8.2 All disputes between the parties will be submitted exclusively to the competent court in the Netherlands, to the exclusion of all other arbitrating, advisory and judicial bodies.
8.3 The Vienna Sales Convention is expressly excluded