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Terms and Conditions

28-08-2018 version 2

ARTICLE 1. DEFINITIONS

A. The buyer: the legal person or natural person by whom the artwork is purchased which is subject to these terms and conditions.

B. Van Offerbeek: Visual artist R. Offerbeek, trading under the name Van Offerbeek, located at Bernardusplein 7 6367KC Voerendaal, KVK 57594538.
VAT NL155828423 B02

C. Website: vanofferbeek.nl, WorldOfArt.nl and linked social media here.

D. The work: Bold, meaning a work of art or wall / decoration.

E. Artwork: Free Work of the Van Offerbeek such as the WorldOfArt © world maps depicted in the webshop. These world maps have been personally painted by Van Offerbeek. This makes every item a unique piece of art.

F. Wall / decoration: Reproduced by Van Offerbeek such as the WorldOfWood ©, WorldOfMetal © WorldOfStone © world maps and other reproduction as depicted in the webshop

G. Order form: the form used by Van Offerbeek on which your order for a work or wall / decoration is recorded.

ARTICLE 2. APPLICABILITY

2.1. These General Terms and Conditions apply to the offer on the website and to any agreement reached, whether or not agreed at a distance, between you and Van Offerbeek.

2.2. These Terms and Conditions also apply to the use of the website. By using the website you agree to these Terms and Conditions and you accept that these Terms and Conditions apply to the use of this website.

ARTICLE 3. MODIFICATION OF GENERAL CONDITIONS

3.1. Van Offerbeek reserves the right, in its sole discretion, to change, expand or remove these Terms and Conditions at any time and without further notice. When these conditions are last updated, this is stated at the top of this page. If you continue to use the website after this change to the Terms and Conditions, this means that you accept the changed Terms and Conditions.

3.2. It is your responsibility to regularly check whether the General Terms and Conditions have been updated, so that you understand the contractual relationship regarding your use of the website and the works and services provided by Van Offerbeek.

ARTICLE 4. PRODUCT AND DESCRIPTIONS

4.1. All works available for sale are displayed and described on the specific product page on the website and / or are displayed at a location.

4.2. The works are displayed on the website as accurately as possible by means of photos, text and possibly video. The representation of the works and the information specified therein is indicative and may contain inaccuracies or inaccuracies. No rights can be derived from the representation of the works and all information mentioned on the website.

4.3. Van Offerbeek cannot guarantee that the colors and details of the images on the website or the exhibited works correspond to the original. Van Offerbeek delivers the works in accordance with the information on the proof of purchase, unless the information on the proof of purchase contains obvious errors or obvious inaccuracies.

4.4. Van Offerbeek reserves the right to change product specifications, prices, packaging and associated services at any time and without prior notice. Before you place an order, you are requested to check the specifications.

ARTICLE 5. PRICES

5.1. All prices on the Dutch web pages are in Euro (€) and must be paid in Euro (€), including VAT and any other taxes.

5.2. Delivery costs and special or extra costs are not included in the price. These additional costs are added to the bill before you make the payment, and are displayed on the order confirmation page or the Purchase Form.

5.3. Van Offerbeek reserves the right to change prices at any time without prior notice. This does not apply to prices for already purchased and ordered works.

5.4. All prices are subject to errors. Van Offerbeek accepts no liability for the consequences of errors. In the event of incorrect quotations of prices, Van Offerbeek cannot be held to deliver the works for the incorrectly stated price.

ARTICLE 6. ORDER OF ARTWORK

6.1. Orders are only placed and received via the webshop or on the website via the order form or contact form.

6.2. By ordering a work, an agreement is established between you and Van Offerbeek

6.3. Van Offerbeek is responsible for processing the assignment and will manufacture the work and have it delivered on an agreed date.

6.4. An order is indicative and no rights can be derived from any delivery times mentioned.

6.5. When the customer orders a work from Van Offerbeek, it is produced according to the specific wishes of the customer. The artistic finish of the WorldOfArt © world map in particular is unique in its kind and therefore sensitive to imitation and falsification. The customer cannot claim the right of withdrawal for these works of art. Unfortunately, it is not possible to draw samples. Van Offerbeek does offer the possibility of having a WorldOfArt © world map made without a deposit or further obligations. The customer can then come and view the work live without obligation.

ARTICLE 7. COPYRIGHT

7.1. The buyer is bound by the regulations stipulated in the copyright law. In the main rule, copyright law stipulates that nothing may be reproduced or made public without the permission of the artist.

This means that no copies of the works may be made, nor of the supplied printing church and template. The template is intended solely for use as a template to assemble the work.

7.2. Van Offerbeek, taking into account the interests of the buyer, is free to use, for example, photos of the work placed with the buyer for his own publicity or promotion

ARTICLE 8. YOUR CONTACT INFORMATION

8.1. All information that is requested must be entered accurately and accurately by you. If a work cannot be delivered because you have entered an incorrect delivery address or telephone number, Van Offerbeek is not responsible for this. You will be charged for all additional costs caused by complications in delivery that can be attributed to you.

8.2. Your name, telephone number and email address are passed on to the shipping company because this information is required to deliver the order. You agree to this by placing the order.

8.3. Your data (with the exception of the required data for the transport company) will not be provided to third parties, unless in consultation with you.

8.4. If you want to change the delivery address, your telephone number or other details, you must do so via the contact page on the website.

8.5. Any change in the contact details after an order must be approved and confirmed in writing by Van Offerbeek.

ARTICLE 9. PAYMENT

9.1. In the event that an order is placed via the webshop, the amount of the order will be charged via your bank card or credit card. Van Offerbeek takes appropriate security measures into account in this transaction.

9.2. If an order is placed via the order form, you will receive an order confirmation and a digital invoice by email that must be paid within 14 days after the invoice date.

9.3. In the event that an order for the production of a work of art such as the WorldOfArt world maps is placed via the order form, you will receive an order confirmation by e-mail and a presumed presentation date on which the work will be presented.

9.4. Van Offerbeek may, at its sole discretion, refuse to process a transaction or perform a service. Van Offerbeek cannot be held liable by you or third parties if the processing of a transaction is refused, the further settlement of a transaction is refused or a transaction is suspended after the transaction has begun.

9.5. An order is indicative and no rights can be derived from any deadlines.

ARTICLE 10. DELIVERY

10.1. Van Offerbeek bases the delivery costs on the packaging costs, the size and weight of the work / works you have purchased and the distance of the delivery.

10.2. Delivery times may vary per ordered work. The delivery time indicated in the order confirmation is indicative and you cannot derive any rights from any specified periods. Exceeding the indication date does not entitle you to compensation. Van Offerbeek strives to contact you in time to inform you of any changes in delivery time.

10.3. Depending on the weight, dimensions and number of packages, Van Offerbeek calls on different transport companies to deliver your order.

10.4. Van Offerbeek delivers throughout the EU and most countries outside of it.

10.5. By placing a purchase order on the Van Offerbeek website from abroad, you authorize and grant an order to Van Offerbeek for delivery abroad, in accordance with Article 5, paragraph 2 – of the Community Customs Code (Regulation No. 2913/92 / EC) , to make declarations prescribed in customs legislation and, to the extent possible from other legislation, ‘in the name and for the account of’ the buyer. You declare that you have completed all required formalities, including the payment of customs duties, other import duties, charges having equivalent effect, taxes and fines, and possibly subsequent customs duties. This authorization and the order apply to the goods shipments made for the benefit of the buyer and for which shipment (s) the buyer has provided the information to Van Offerbeek. This authorization and assignment includes all actions and communications up to and including the termination of the verification and in connection with the issue of the declaration of the customs debt.

10.6. Van Offerbeek is entitled to have a third party (customs agent) execute an agreement / authorization for purchase or delivery abroad.

ARTICLE 11. POLICY AND PROCEDURES IN THE EVENT OF DAMAGE OR WRONG DELIVERY

11.1. You must check yourself whether the delivered works have arrived in perfect condition before you sign the delivery note. Therefore, upon receipt, you should check the packaging as well as possible for compliance. If you find damage or other defects at that time, take photos of the packaging and / or the damage at work or the defects. You then state the damage or deviations found on the delivery note from the transport company and contact Van Offerbeek as soon as possible.

11.3. In the event of damage after delivery of the work without this damage being stated on the delivery note, Van Offerbeek can no longer be invoked.

11.4. If there is damage on delivery or an incorrect delivery, you must contact Van Offerbeek via the contact form within a period of 14 days after delivery. After the expiry of these 14 days, your rights to compensation or repair of the damage, replacement of the work or termination of the purchase agreement will expire. State the following parts:
– Your data
– The order number
– The title or specifications of the work
– The reason for wanting to return the artwork.

11.5. If your complaint is justified in the event of damage or incorrect delivery, the work will be picked up by a transport service (you must provide the work properly packed). In that case you are entitled to a replacement for the work delivered. You are only entitled to terminate the purchase agreement if the replacement Artwork also shows damage or deviations after delivery.

11.6. A complaint submitted to Van Offerbeek will be answered within a period of 14 days (calculated from the date of receipt). If a complaint requires a foreseeable longer processing time, Van Offerbeek will respond within the same period of 14 days with a receipt message which also gives an indication when a more detailed answer can be expected.

11.7. In the event of termination of the purchase agreement, for security reasons the refund of the purchase amount will be made via the same payment method as the payment method used for ordering and payment.

11.8. As an EU consumer, you can use the Online Dispute Resolution Platform (established by the EU), where you can rely on alternative dispute resolution based on problems or complaints with a Work that you have purchased online. For further information, visit the platform at: http://ec.europa.eu/odr.

ARTICLE 12. LIABILITY

12.1. Van Offerbeek and its affiliated third parties are not liable for direct, indirect or consequential damage or any other damage that the user suffers in connection with our website or in connection with the use, the impossibility to use or the results of the use of our website, linked websites and published material, including, but not limited to, all liability for: loss of income or revenue; the loss of business; the loss of profit or contracts; the loss of anticipated savings; the loss of data; the loss of goodwill; waste of management or office time; and all other losses or damages of any kind, regardless of how they originated and whether caused by unlawful acts (including neglect), breach of contract or otherwise, even if this was predictable, unless in the case of intent or deliberate recklessness on the part of Van Offerbeek .

12.2. Van Offerbeek can not be held liable under any circumstances for special losses arising from specific circumstances of you, for indirect or additional losses or for the loss of profit, for the damage to property after receipt or for useless costs, unless in the case of intent or conscious recklessness of Van Offerbeek.

ARTICLE 13. DISPUTES

13.1. The court in Utrecht is authorized to take cognizance of disputes between you and Van Offerbeek.

13.2. You hereby agree in advance to the joining of a possible safeguard procedure in the event that you involve Van Offerbeek in legal proceedings.

13.3. Dutch law applies to the agreement you conclude with Van Offerbeek.