1.1. These general terms and conditions are defined as follows:
a. ‘The Artwork’: the work specified in the agreement between the artist and the customer.
b. ‘The Artist’: the creator of the Artwork. Ron van Dam, established at Boerhaaveplein 72, 3112LN in Schiedam, registered in the trade register of the Chamber of Commerce under KvK number 88980871.
c. ‘The Customer’: the natural or legal entity who enters into an agreement with Ron van Dam Art
2. Appicability of general terms and conditions
2.1. These general terms and conditions apply to all agreements, assignments, offers and quotations concluded or issued by Ron van Dam Art.
2.2. Deviations from the General Terms and Conditions shall only be valid if expressly agreed in writing between the parties. Unless expressly agreed otherwise in writing, Ron van Dam Art rejects the applicability of any terms and conditions used by the Customer.
2.3. If one or more provisions of these general terms and conditions are void or annulled, the other provisions of these general terms and conditions will remain in full force and effect and Ron van Dam Art and the Customer will consult to agree on new provisions to replace the void or annulled provisions, which will approximate the purpose and tenor of the void or annulled provisions as closely as possible.
3. Conclusion of the agreement
3.1. The agreement between Ron van Dam Art and the Customer is established by acceptance of the offer of Ron van Dam Art by the Customer and fulfilment of the terms and conditions set therein.
3.2. If the Customer has accepted the offer electronically, Ron van Dam Art will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by Ron van Dam Art, the Customer may dissolve the agreement.
4.1. Unless otherwise stated or agreed, all prices quoted by Ron van Dam Art are inclusive of VAT and other government levies.
4.2. Costs of shipping, import and export duties, clearance and administration costs, costs of packaging and insurance shall be borne by the Customer, unless expressly agreed otherwise.
4.3. A statutory increase or decrease in VAT or other government levies may always be passed on in the price.
5. Purchase of an Artwork
5.1. If the agreement concerns the purchase of an Artwork, the details of the Artwork, the Customer's details, the method of payment, the method of delivery and other details will be recorded in the agreement to be drawn up.
5.2. A stated term of delivery is always indicative, unless expressly agreed otherwise.
5.3. Delivery of the Artwork shall take place in the manner agreed in the agreement.
5.4. Complaints about defects to the purchased Artwork must be submitted to Ron van Dam Art promptly after they have been discovered, whereby within one month is in any case timely. Failure to file a complaint in a timely manner will result in loss of rights.
6. Repairs and other work
6.1. Repairs and other work by Ron van Dam Art on an Artwork owned by the Customer will always be carried out based on an obligation of effort.
6.2. Upon delivery of the Artwork, the Customer is obliged to inspect the work performed. If the Customer does not find the work performed to be in order, he or she shall immediately notify Ron van Dam Art, preferably in writing.
6.3. The Customer shall be deemed to have accepted the work performed if they have not reported any defects in the work performed within one month of delivery of the Artwork.
7.1. Payment of the full purchase amount shall be made no later than 7 (seven) days before delivery of the Artwork to the account number that the Artist has specified in the purchase contract.
7.2. Ron van Dam Art is at all times entitled to require a down payment from the Customer.
7.3. If the Customer fails to make full payment of the purchase price within 30 (thirty) days of the conclusion of the purchase agreement, the Artist is entitled to terminate the purchase agreement.
7.4. If the contract is rescinded by the Customer after deposit, any amounts already paid will not be refunded, or will be returned.
7.5. Unless otherwise agreed, payment in instalments is not permitted.
8.1. Ron van Dam Art guarantees to be authorized to sell or give on consignment the Artworks.
8.2. Ron van Dam Art is the exclusive owner of all intellectual property rights to the Artworks, even after their sale. The Customer is not permitted to make changes to the Artworks of Ron van Dam Art.
8.3. Artworks may not be photographed or filmed - for commercial purposes - without the prior written consent of Ron van Dam Art.
8.4. The works of art remain the property of Ron van Dam Art until the purchase price has been paid in full to Ron van Dam Art.
9. Personal and business assignments
9.1. Provided it is personal or business in nature (portraits/personal/business elements), the Customer is obliged to purchase the painting made by Ron van Dam Art on commission.
9.2. Ron van Dam Art will offer the opportunity, in agreement with the Customer, to inform the Customer of the progress of the personal or business commission by means of photographs and make any desired adjustments, to the best of its ability
9.3. Requests for adjustments to the personal or business commission may not go so far as to conflict with the artistic freedom of the Artist.
10. Retention of title and risk
10.1. If the Customer has not paid the full amount of the purchase price with any additional costs, Ron van Dam Art retains title to the work of art. In this case, ownership and risk will pass to the Customer as soon as the Customer has fulfilled all its obligations towards Ron van Dam Art.
10.2. If the Artwork is to be shipped in a manner specified by the Customer, the risk will pass to the Customer at the time of shipment.
The Customer is not entitled to resell the Artworksif the other party has not paid in full for the works of art to Ron van Dam Art.
12. Work on sight
12.1. The Customer is entitled to show the Artworks at his own expense and risk at the homes of potential buyers. The Customer is also entitled to give the works of art on view to potential sellers prior to the sale, in order to allow potential buyers to decide whether the Artwork suits them.
12.2. The Customer is fully liable to Ron van Dam Art for all damages arising from the display or display of Artwork.
13. Intellectual Property
The copyright on the Artwork remains with the Artist. This right of the Artist results in restrictions for the Customer regarding the use, publication, and reproduction of the Artwork.
14. Force majeure
14.1. In cases of force majeure, Ron van Dam Art is entitled to suspend the execution of the order or to dissolve the contract in whole or in part, without the Customer being able to claim any right or compensation for damage, costs or interest on that account. The Artist will inform the Customer immediately of any case of force majeure and try to offer an alternative satisfactory to both parties.
14.2. Force majeure means: strikes, death, fire, transport, obstruction, molestation and, in general, all unforeseen circumstances as a result of which compliance with the contract can no longer be required of the contractor.
14.3. Ron van Dam Art will perform each service to the best of its ability and is entitled to engage third parties in and for the performance of a service.
15. Right of rescission
15.1. The Customer has the right to dissolve the contract if Ron van Dam imputably fails to fulfil its obligations, unless such failure, given its special nature or minor importance, does not justify dissolution.
15.2. If performance of the obligations by Ron van Dam Art is not permanently or temporarily impossible, dissolution can only take place after Ron van Dam Art is in default.
15.3. Ron van Dam Art is entitled to dissolve the agreement in whole or in part, without notice of default, if:
a. Suspension of payment or bankruptcy of the Customer is applied for and/or declared;
b. The Customer ceases or transfers all or part of his business;
c. Customer’s goods are seized.
15.4. In the cases mentioned under 15.3, Ron van Dam Art is not liable for any compensation. Any claims of Ron van Dam Art against the Customer in the aforementioned cases are immediately due and payable.
16. Disputes and applicable law
16.1. Disputes arising from an agreement to which these terms and conditions apply in whole or in part fall within the exclusive jurisdiction of the Dutch court in the district where Ron van Dam Art has its registered office, unless otherwise prescribed by mandatory law.
16.2. The legal relationship to which these general terms and conditions apply shall be governed by Dutch law.
Version – September 223