Article 1 - Definitions
In these General Terms and Conditions:
1. "The Artwork": the work that is specified in the agreement between the Artist and the Customer.
2. "The Artist": the creator of the Artwork.
3. "The Customer": the natural or legal person who enters into an agreement with Rick Triest.
Article 2 - Applicability of the General Terms and Conditions
These General Terms and Conditions apply to all agreements, orders, offers and quotations, concluded with or issued by Rick Triest.
Article 3 - Establishment of the agreement
The agreement between Rick Triest and the Customer is made by acceptance of the offer by Rick Triest by the Customer.
Article 4 - Prices
1. All prices are in euros and include VAT.
2. Price changes resulting from the law, such as those relating to VAT, can be passed on to the Customer.
Article 5 - Purchase of a Work of Art
1. If the agreement concerns the purchase of a Work of Art, the details of the Artwork, the details of the Customer, the method of payment, the method of delivery and other details will be recorded in the agreement to be drawn up.
2. The Artwork will be delivered to the Customer within 1 month after the end of the Exhibition, unless otherwise agreed. If the Artwork is in stock and is not or will be exhibited, delivery can take place earlier.
3. A specified delivery period is always indicative, unless expressly agreed otherwise.
4. Delivery of the Artwork will take place in the manner as agreed in the agreement. The Artwork is at the risk of the Customer from the delivery.
5. Complaints about defects in the purchased Artwork must be submitted to Rick Triest in good time after it has been established, with timely completion within one month. Not complaining in time leads to loss of rights.
ARTICLE 6 - Repairs and other work
1. Repairs and other work by Rick Triest on an Artwork that is owned by the Customer will always be performed on the basis of a best efforts obligation.
2. Upon delivery of the Artwork, the Customer is obliged to inspect the work performed. If the Client does not have the work done in order, he will immediately, preferably in writing, make it known to Rick Triest.
3. The Customer is deemed to have accepted the work performed if he has not reported defects in the work performed within one month after delivery of the Artwork.
Article 7 - Payment
1. Payment by the Customer is made:
2. cash, including debit card payments and credit card payments;
3. based on an invoice.
4. If an invoice is sent, the payment term is 14 days from the invoice date. By the mere lapse of this period, the Customer is in default and the Customer is due statutory interest from the date of the commencement of the default.
5. The extrajudicial costs reasonably incurred by Rick Triest are at the expense of the Customer.
ARTICLE 8 - Retention of title and right of retention
1. As long as the Customer has not paid the full amount of the purchase price plus any additional costs, Rick Triest reserves the ownership of the Artwork. In that case, the ownership transfers to the Customer as soon as the Customer has fulfilled all his obligations towards Rick Triest.
ARTICLE 9 - Personal Assignment
1. If personally tinted (portraits / personal attributes) the customer is obliged to take the painting made by Rick Triest on commission.
2. Rick Triest will inform the customer by means of photos of the progress of the personal assignment and will be able to carry out desired adjustments.
ARTICLE 10 - Personal Data Protection Act
1. Rick Triest will process the personal data of the Customer and include it in a file. The purpose of processing the personal data is that Rick Triest can fulfill the agreement that she has entered into with the Customer and to keep the Customer informed of Rick Triest and the activities it develops.
2. The Customer may contact Rick Triest at any time with the request to inform him / her if and if so which personal data concerning him / her are being processed. If the Customer is of the opinion that the personal data must be corrected, supplemented, removed or protected, the Customer must notify Rick Triest of this in writing or electronically.
ARTICLE 11 - Intellectual property
1. The copyright on the Artwork remains with the Artist. From this right of the Artist, restrictions on the use, publication and multiplication of the Artwork will arise for the Client.
ARTICLE 12 - Applicable law and disputes
1. Dutch law applies to the agreement and any other legal relationships between the Customer and Rick Triest.
2. All disputes arising as a result of the agreement (s) and these General Terms and Conditions will be submitted to the competent court in The Hague, unless a mandatory provision stipulates otherwise.
ARTICLE 13 - general
ARTICLE 14 payment
1. Individuals owe a Loan fee on loaned artworks on a monthly basis.
2. Payment for individuals is only possible through authorization for direct debit by bank or giro.
3. Companies and institutions receive an invoice with the loan fee for a month, which must be paid in advance within 14 days of the invoice date. If the Borrower has not paid the invoice within the set term, Rick Triest will give notice to the borrower and send a payment reminder. If the Borrower has not fully paid his claim within the term set in the payment reminder, Rick Triest reserves the right to terminate the loan agreement. Upon dissolution the loaned artworks that are at the Borrower must be immediately returned to Rick Triest. The Borrower is liable for all extrajudicial (collection) costs of Rick Triest. The Borrower is also required to pay legal costs and attorneys' fees actually incurred if, in the case of legal proceedings, the costs of proceedings are reduced.
4. Rick Triest reserves the right not to enter into a new Loan Agreement with Borrowers with outstanding claims, or to lend new works of art.
ARTICLE 15 - cancellation, bankruptcy and termination.
1. Termination and thus termination of this agreement by private person is only possible when returning all works borrowed by the private individual.
2. After termination of this agreement, the Companies and institutions are obliged to hand in the works at the latest at the end of the agreement.
3. In the event of liquidation, (application for) suspension of payments or bankruptcy, attachment of the Borrower, debt restructuring or any other circumstance as a result of which the Borrower can no longer freely dispose of his assets, Rick Triest may immediately terminate the agreement and cancel immediately and thereby terminate or cancel the order, without any obligation on its part to pay any compensation or compensation. All claims of Rick Triest on the Borrower are in that case immediately due and payable.
4. If the artwork / artworks are not returned to Rick Triest within 14 days after the termination or dissolution of the agreement, the Borrower will forfeit a fine per day equal to 1% of the value of the artworks that have not been submitted in error. In addition to this penalty, the Borrower continues to owe the arrears of the Borrowing Fee on the basis of the agreement and compensation under the Act for the actual damage suffered by Rick Triest.
ARTICLE 16 - obligations and liability borrower
1. The Borrower must take care of the works carefully and as a good family man. The work must not be placed in the direct vicinity of a heat source or in a humid place and should be protected as far as possible from direct sunlight. The Borrower is responsible for a sound suspension system.
2. The Borrower is obliged to immediately inform Rick Triest of this in the event of damage, loss or loss of work. It is not allowed to carry out repairs yourself or have them carried out.
3. The Borrower is responsible for the conclusion of an insurance policy for the address where the borrowed works of art are accommodated.
4. The Borrower is not entitled to assign borrowed works to an address other than their own home address / business address, nor to make the borrowed works of art available to others and to reproduce the works of art (or have them reproduced).
5. The Borrower is obliged, in case of seizure, to be liable or in case of application of his bankruptcy or bankruptcy, to the attaching bailiff or to the trustee that the works in his possession are not his property, with submission of the proof of loan from Rick Triest.
ARTICLE 17 - applicable law and dispute resolution
1. All agreements to which these general terms and conditions have been declared applicable are subject to Dutch law.
2. Disputes between parties, including those considered as such by only one of the parties, will be resolved as far as possible by proper consultation.
3. If this amicable consultation does not lead to a solution, the parties submit their disputes to the absolute competent judge in the district of Groningen.
4. If any provision of these Terms and Conditions is null and void or is nullified, the other provisions of these Terms and Conditions will remain in full force. Parties will be about the void or the stipulated provisions will be consulted in order to make a replacement arrangement. The replacement arrangement will not affect the scope of these General Terms and Conditions or the Agreement.
ARTICLE 18 - definitions
1. Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
2. Consumer: the natural person who does not act in the exercise of profession or business and enters into a distance contract with the entrepreneur;
3. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period.
ARTICLE 19 agreement
1. The agreement is, subject to the provisions of paragraph 4, concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the corresponding conditions. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance is not confirmed by the entrepreneur, the consumer can terminate the agreement.
ARTICLE 20 right of withdrawal
1. When purchasing products, the consumer has the option to terminate the contract without giving any reason within 14 days. This cooling-off period commences on the day following receipt of the product by the consumer or a representative appointed in advance by the consumer and made known to the entrepreneur.
2. During the reflection period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent that this is necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
ARTICLE 21 - Costs in case of withdrawal
1. If the consumer exercises his right of withdrawal, the costs of returning the goods are at the most. If the consumer has paid an amount, the entrepreneur this amount as soon as possible, but no later than 30 days after the return or cancellation, refund. (after receipt)
ARTICLE 22 - Conformity and Guarantee
1. The entrepreneur warrants that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and / or usability and the legal provisions existing on the date of the conclusion of the agreement. / or government regulations.
ARTICLE 23 - Delivery and execution
1. The trader will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services. The place of delivery is the address that the consumer has made known to the company. With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but at the latest within 30 days unless a longer delivery period has been agreed.
2. If the delivery is delayed, or if an order can not or only partially be executed, the consumer will receive notification no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the contract without any costs.
3. If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement article available. At the latest at the time of delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of any return shipment are for the account of the entrepreneur.
ARTICLE 24 payment
1. Unless otherwise agreed, the amounts owed by the consumer will be transferred immediately with Ideal or Paypal. In case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
2. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.