1. Applicability
1.1 These general terms and conditions apply to all agreements between a buyer and NH-Art.
1.2 Terms and conditions that the buyer uses shall not apply unless expressly agreed to in writing by NH-Art.
1.3 “Buyer” is any person or legal entity that has or shall have a contractual relationship with NH-Art.
1.4 NH-Art reserves the right to modify or supplement these terms and conditions from time to time.
1.5 By placing an order with NH-Art the buyer accepts these terms and conditions as well as all other rights and duties as listed.
2. Quotations and conclusion of agreements
2.1 At the request of the potential buyer – via the quote request form on the website or by other means – a personal offer will be made by NH-Art for a desired product and/or service. This quote will be sent to the address specified by the potential buyer.
2.2 The acceptance by the potential buyer leads to a valid agreement only if one of the following conditions are met:
– the potential buyer has expressly requested to receive a particular product and/or a particular service;
– the buyer has accepted the offer and this acceptance is received by NH-Art.
2.3 An agreement will have been concluded when the deposit of € 15,00 has been paid by the buyer and received by NH-Art. This agreement may be revoked by NH-Art if the buyer does not meet the conditions or in the past did not meet the conditions. In this case, NH-Art will inform the buyer within ten (10) days after the receipt of the order.
2.4 The buyer and NH-Art explicitly agree that by using electronic forms of communication a valid agreement is realized once the conditions in article 2.2 and 2.3 are met. In particular, the absence of a handwritten signature does not affect the binding force of the offer once it has been accepted. The electronic files of NH-Art are presumed to provide evidence, as far as the law allows.
2.5 Information, images, oral communications and other messages provided by phone or via e-mail regarding offers and key features of the products shall be as accurate as possible. NH-Art does not however guarantee that all offers and products are fully in accordance with the information provided. Discrepancies shall in principle not result in damages and/or annulment.
2.6 NH-Art does not archive contracts, the buyer must take care of this. Commissions can be given in the Dutch language.
3. Prices
3.1 All prices are listed in Euros, in accordance with legal regulations on this subject, and include VAT and shipping.
3.2 The buyer is liable to pay the price listed by NH-Art in its offer in accordance with article 2.1 of these terms and conditions. Obvious (manipulative) errors or inaccuracies in the quotation can be corrected by NH-Art also after the agreement has been concluded.
4. Payment
4.1 The deposit must be paid by the buyer no later than 10 days after the offer – signed by the buyer – has been received by NH-Art.
4.2 NH-Art shall implement the agreement upon receipt of the deposit as mentioned in the quotation.
4.3 NH-Art can expand its payment options in the future. New payment options will be published on the website and/or in the quotation.
4.4 In the event of non or overdue payment a default interest of 1.44% per month or part of a month is due from the latest due day until full payment has been completed. For the purposes of this provision a part of a month shall be counted as a full month.
4.5 All costs and expenses incurred as a result of non-fulfillment by the buyer of his (payment) obligations shall be borne by the buyer.
5. Delivery and delivery time
5.1 In principle NH-Art aims to deliver orders within 20 working days after payment has been received. The goods shall be shipped with a recognized and reliable courier. No shipping costs shall be charged.
5.2 Delivery times are indicative, no rights can be derived from them. NH-Art can provide further written information regarding delivery times on its website or otherwise. Such information remains indicative.
5.3 Goods shall be delivered to the address the buyer has specified during the conclusion of the contract. As soon as delivery to the specified address has taken place, the risk concerning delivered goods shall pass to the buyer.
5.4 Different conditions may apply to deliveries abroad.
6. Exchange and right of withdrawal
6.1 Buyer is required to carry out a thorough inspection of the products immediately upon arrival, and contact NH-Art as soon as possible (within 7 days at most) if defects are found. Exchange is only possible on presentation of the original invoice. The buyer shall get a replacement product or a payment refund, at the discretion of NH-Art and excluding shipping costs.
7. Retention of title
7.1 Notwithstanding delivery, the ownership of products passes to the buyer only after all amounts that are or will be payable under the agreement with NH-Art have been fully paid, including reimbursement of interest and costs, also for previous or subsequent deliveries and activities related to the products that have been or will be performed.
7.2 Before ownership has passed, the buyer shall not sell, resell, transfer, dispose of or otherwise impose any burden on products.
8. Warranty and liability
8.1 Unless otherwise agreed upon in writing, NH-Art guarantees that commissions shall be fulfilled to the best of its abilities, exercising due care and craftsmanship.
8.2 Since the drawings and paintings of NH-Art are all hand-crafted, NH-Art cannot guarantee that every drawing or painting exactly matches the image provided by the buyer, the picture on the website or a original artwork . Colors, designs and dimensions of drawings or paintings created by NH-Art can differ from images or specifications supplied by the buyer or shown on the NH- Art website.
8.3 NH-Art shall not be held liable for any compensation to the buyer or to others, unless in cases of intent or gross negligence on the part of NH-Art. NH-Art is not liable for consequential or trading loss, indirect damages and loss of profit or turnover. In particular, NH-Art is not liable for damage that may occur during transport or damage as a result of non reception of the portrait.
8.4 If for any reason NH-Art is required to compensate any damages, that fee will never exceed an amount equal to the invoice value with respect to the product or service that incurred the damage.
8.5 Without prejudice to the provisions in this article, there can be no warranty if damage is caused by normal wear and tear.
8.6 The buyer shall indemnify NH-Art against any claim third parties could assert against NH-Art with regard to the fulfillment of the agreement, in sofar as the law does not preclude relevant damages and costs from being borne by the buyer.
8.7 On its website NH-Art may include hyperlinks to other websites that may be of interest to visitors. Such links are provided for informational purposes only. NH-Art is not responsible for the content of the websites referred to or the use made of such content.
9. Force majeure
9.1 In case of force majeure NH-Art shall no longer be held to meet its obligations to the buyer, respectively the obligations shall be suspended for the duration of the force majeure.
9.2 Force majeure is taken to mean any circumstance preventing NH-Art from fulfilling, in whole or in part, its obligations to the buyer. Those circumstances include industrial action, fire, operational malfunction, power failure, malfunction of a used(telecommunication) network or connection or communication system, and/or non availability of the website or late delivery by suppliers or other third parties, or absence of any Government permit.
10. Intellectual property
10.1 Intellectual property rights are patent, copyright, trademark, designs and models rights or other intellectual property rights, including technical and/or commercial know-how, methods and concepts that may or may not be patentable.
10.2 The buyer expressly acknowledges that all intellectual property rights regarding displayed information, communications or other expressions concerning the products and/or the website belong to NH-Art, its suppliers or other copyright holders.
10.3 The buyer shall not make use of or make changes to the intellectual property rights as described in this article, such as, for example, reproduction without the express prior written consent of NH-Art.
11. Portrait- and copyright
11.1 The buyer shall be resposible for any portrait- or copyrights regarding any image or photo sent by mail or e-mail to NH-Art to be reproduced.
11.2 The buyer may use the artworks of NH-Art only for private purposes (home or office). Use of drawings or paintings for commercial purposes without written permission of NH-Art is strictly forbidden.
11.3 NH-Art is authorized at all times to decline commissions for drawing or painting from photos or images.
12. Personal data
12.1 NH-Art shall process the data submitted by the buyer in accordance with its privacy policy.