Terms and Conditions

Table of contents

Article 1 - Definitions

Article 2 - Identity of the entrepreneur

Article 3 - Applicability

Article 4 - The offer

Article 5 - The Agreement

Article 6 - Right of withdrawal

Article 7 - Cost in case of revocation

Article 8 - Exclusion of right of withdrawal

Article 9 - The price

Article 10 - Conformity and Warranty

Article 11 - Delivery and execution

Article 12 - Duration Transactions: Duration, Termination and Extension

Article 13 - Payment

Article 14 - Complaints

Article 15 - Disputes

Article 16 - Additional or derogatory provisions

Article 1 - Definitions

 

In these terms and conditions shall apply:

 

  • Reflection period: the period within which the consumer can make use of his right of withdrawal; Read all about reflection time

 

  • Consumer: the natural person not acting in the exercise of professional or business and a distance contract with the entrepreneur;

 

  • Day: calendar;

 

  • Duration transaction: a distance agreement with regard to a series of products and / or services, the delivery and / or purchase obligation of which is spread over time;

 

  • Durable medium: any means that the consumer or business that enables information addressed personally to him to store in a way that future consultation and unaltered reproduction of the stored information.

 

  • Right of withdrawal: the ability for the consumer to waive the distance contract within the cooling-off period;

 

  • Model form: the model form for withdrawal that the entrepreneur makes available that a consumer can fill in when he wants to exercise his right of withdrawal.

 

  • Entrepreneur: the natural or legal products and / or remote services and consumer services;

 

  • Distance contract: an agreement where made in the context of a system organized by the Entrepreneur for distance sale of products and / or services, to conclude the agreement exclusive use of one or more means of distance communication;

 

  • Technology for distance communication: means that can be used to conclude an agreement, without the consumer and trader being in the same place at the same time.

 

General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

 

Article 2 - Identity of the entrepreneur

 

artuals

Jasondream 9

 

3561 EC Utrecht

The Netherlands

 

T (062) 541-1853

E info@artuals.nl

Company ID 84104082

VAT number NL003913972B69

Article 3 - Applicability

These terms and conditions apply to any offer of the entrepreneur and to any established agreement on distance and orders between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and they will be sent free of charge as soon as possible at the request of the consumer.

If the distance contract is concluded electronically, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these terms and conditions are set in such a way that the consumer in the consumer made available electronically a simple way can be stored on a durable medium. If this is not reasonably possible, before the distance contract is concluded, indicated where the general conditions may be taken and that they electronically or otherwise will be sent free of charge. Request of the consumer electronically

In the event that in addition to these terms and conditions specific product or service conditions apply, the second and third paragraphs shall apply and the consumer in case of conflicting terms always rely on the applicable provision that is most favorable to him 's.

 

If one or more provisions in these Terms and Conditions are at any time wholly or partially void or destroyed, the Agreement and these Terms remain for the remainder and the relevant provision shall be replaced by mutual agreement without delay by a provision that extends Of the original as far as possible.

Situations that are not governed by these terms and conditions must be evaluated "to the mind" of these terms and conditions.

Uncertainties about the explanation or content of one or more terms of our terms should be explained to the spirit of these terms and conditions.

Article 4 - The offer

If an offer is of limited duration or subject to conditions, this will be explicitly stated in the offer.

The offer is free of charge. The entrepreneur is entitled to change and modify the offer.

The offer contains a complete and accurate description of the products and / or services offered. The description is sufficiently detailed to allow a good assessment of the offer by the consumer. If the entrepreneur uses images, they are a true and fair view of the products and / or services offered. Apparent mistakes or manifest errors in the offer do not bind the entrepreneur.

All images, specifications data in the offer are indicative and can not give rise to damages or dissolution of the agreement.

Images on products are a true and fair view of the products offered. Entrepreneur can not guarantee that the displayed colors exactly match the true colors of the products.

Each offer contains such information that is clear to the consumer what rights and obligations are involved in accepting the offer. This concerns in particular:

  • The price including taxes;

 

  • The possible shipping costs;

 

  • The manner in which the agreement will be established and what action is required for this purpose;

 

  • Whether or not it applies to the right of withdrawal;

 

  • The manner of payment, delivery and execution of the agreement;

 

  • The time limit for acceptance of the offer or the period within which the entrepreneur guarantees the price;

 

  • The level of the distance communication fee if the cost of using the remote communication technology is calculated on a different basis from the regular base rate for the means of communication used;

 

  • whether the agreement will be archived after it has been concluded, and if so, where it can be consulted by the consumer;

 

  • The way in which the consumer can check and, if desired, recover the information provided by him under the agreement before conclusion of the agreement;

 

  • Any other languages ​​in which, in addition to the Dutch, the agreement can be concluded;

 

  • The codes of conduct which the entrepreneur has undergone and the way in which the consumer can consult these codes of conduct by electronic means; and

 

  • The minimum duration of the remote agreement in case of a long-term transaction.

 

Article 5 - The Agreement

The agreement is subject to the provisions of paragraph 4, established at the time the consumer accepts the offer and meet the corresponding conditions.

If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance of the offer electronically. As long as the agreement of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.

If the agreement is created electronically, the trader will take appropriate technical and organizational measures to protect the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the trader will take suitable security measures.

The entrepreneur can - within legal frameworks - inform whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur based on this investigation has good reasons not to enter into the agreement, he is entitled to refuse an order or request, motivated or to attach special conditions to the execution.

The entrepreneur will the product or service to the consumer the following information, in writing or in such a way that it can be stored on a durable medium, enclose the consumer in an accessible manner:

The visiting address of the entrepreneur's establishment where the consumer is entitled to complaints;

The conditions under which and the manner in which the consumer may use the right of withdrawal or a clear notification of the exclusion of the right of withdrawal;

The information about guarantees and existing post-purchase service;

The information contained in article 4 paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer prior to the performance of the agreement;

The terms for termination of the agreement if the agreement is of a duration of more than one year or indefinite duration.
In the event of an overdraft transaction, the provision in the previous paragraph applies only to the first delivery.

Any agreement is entered into under the suspensive conditions of sufficient availability of the respective products.

 

Article 6 - Right of withdrawal

When delivering products:

When purchasing products, the consumer has the opportunity to dissolve the agreement without notice for reasons during 14 days. This term will expire on the day following receipt of the product by the consumer or a consumer appointed by the consumer and notified to the entrepreneur.

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 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.

If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. The consumer must make this known by means of the model form or by another means of communication such as by e-mail. After the consumer has made it known that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.

If, after the expiry of the periods mentioned in paragraph 2 and 3, the customer has not disclosed the intention of making use of his right of withdrawal or resignation. The product has not returned to the entrepreneur, the purchase is a fact.

On delivery of services:

When providing services, the consumer has the opportunity to dissolve the agreement without notice for reasons for at least 14 days, starting on the day of entering into the agreement.

To exercise his right of withdrawal, the consumer focus to the information provided by the operator to supply and / or before the relevant provision reasonable and clear instructions.

 

Article 7 - Cost in case of revocation

 

If the consumer exercises his right of withdrawal, the consumer will be responsible for the cost to return the goods.


If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. The condition is that the product has already been received back by the merchant or conclusive proof of complete return can be submitted. Reimbursement will be made via the same payment method used by the consumer unless the consumer explicitly gives permission for a different payment method.

In the event of damage to the product due to careless handling by the consumer himself, the consumer is liable for any loss of value of the product.

The consumer can not be held liable for the value reduction of the product if the entrepreneur does not provide all legally required information about the right of withdrawal, this should be done before the conclusion of the purchase agreement.

Article 8 - Exclusion of right of withdrawal

Artuals also supplies photo products that are produced according to your own wishes (customer specifications) and which are clearly tailored to personal needs. Therefore, there is no statutory right of withdrawal for these products. Complaints related to the taste of the customer (colors that do not match screens, etc.) or complaints about photo files with insufficient resolution or too high compression are not considered defects. You are at all times responsible for the quality of the uploaded file. Files obtained via whatsapp, facebook or internet etc. are very reduced in size and will generally never have the same quality as an original photo taken by a camera or A brand phone. The online editor gives a preview of the file's cropping but does not show the quality

The following rules apply to non-customer-specific printed items:

The consumer can terminate an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without giving any reason. The trader may ask the consumer about the reason for the withdrawal, but not to oblige him to state his reason (s).

The term referred to in paragraph 1 shall commence on the day after the consumer, or a third party designated by the consumer, who is not the carrier, received the product, or:

if the consumer has ordered multiple products in the same order: the day the consumer, or a third party designated by him, has received the last product. The entrepreneur may, if he has informed the consumer clearly in advance of the ordering process, refuse an order of multiple products with a different delivery time.

if the delivery of a product consists of different consignments or parts: the date on which the consumer, or a third party designated by him, received the last consignment or the last item;

in contracts for regular delivery of goods during a certain period, the day on which the consumer or a third party designated by him, has received the first product.

For services and digital content which is not supplied on a tangible medium:

The consumer may dissolve a service agreement and a non-material delivery delivery agreement for at least 14 days without redeeming reasons. The entrepreneur may ask the consumer for the reason for revocation, but do not oblige them to state their reasons.

The term referred to in paragraph 3 shall enter into the day following the conclusion of the agreement.

Extended reflection for products, services and digital content which is not supplied with no information on withdrawal on a tangible medium:

If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model form for withdrawal, the cooling-off period will expire twelve months after the end of the original cooling-off period as determined in accordance with the previous paragraphs of this article.

If the entrepreneur has provided the consumer with the information referred to in the preceding paragraph within twelve months after the date of commencement of the original appraisal, the term of office expires 14 days after the date on which the consumer has received that information.

Exercising the right of withdrawal by the consumer and costs thereof

If the consumer makes use of his right of withdrawal, he will notify the entrepreneur within the cooling-off period by means of the model withdrawal form or otherwise unambiguously.

As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer sends the product back, or hands it over to (an authorized representative) of the entrepreneur. This does not have to be taken if the entrepreneur has offered the product itself. In any case, the consumer has complied with the return period when returning the product before the time has expired.

The consumer will return the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.

The risk and burden of proof for the right and timely exercise of the right of withdrawal lies with the consumer.

The consumer carries the direct cost of returning the product. If the entrepreneur has not reported that the consumer has to bear these costs or if the entrepreneur decides to bear the costs himself, the consumer does not have to bear the cost of returning.

If the consumer rescinds after having explicitly requested that the provision of the service or the supply of gas, water or electricity that are not ready for sale starts in a limited volume or quantity during the cooling-off period, the consumer is the entrepreneur amount that is proportional to that part of the obligation that the entrepreneur has fulfilled at the time of revocation, compared with the full fulfillment of the commitment.

The consumer does not incur any costs for the execution of services or the supply of water, gas or electricity, which have not been made ready for sale in a limited volume or quantity, or for the supply of district heating, if:

the entrepreneur has not provided the consumer with statutory information on the right of withdrawal, the cost reimbursement or the revocation model form, or;

the consumer did not explicitly request the start of the performance of the service or supply of gas, water, electricity or district heating during the cooling-off period.

The consumer is not responsible for the full or partial delivery of non-material digital content, provided that:

prior to delivery, he has not explicitly agreed to commence compliance with the agreement before the end of the reflection period;

he has not acknowledged that he has lost his right of withdrawal when giving his permission; or

the entrepreneur has failed to confirm this statement from the consumer.

If the consumer makes use of his right of withdrawal, all additional agreements are terminated by law.

 

Article 9 - The price

During the period of validity of the offer, the prices of the products and / or services offered will not be increased, except for price changes due to changes in VAT rates.

Notwithstanding the preceding paragraph, the business products or services whose prices are subject to fluctuations in the financial market over which the trader has no influence, with variable prices. These fluctuations and the fact that any price targets, are stated in the offer.

Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.

Price increases 3 months after the conclusion of the contract are only permitted if the trader has agreed to this and:

they are the result of legislation or regulations; whether

The consumer has the power to cancel the agreement as of the date of the price increase.

The prices mentioned in the offer of products or services include VAT.

All prices are subject to printing and typing errors. No liability is accepted for the consequences of pressure and error errors. In case of errors and mistakes, the entrepreneur is not obliged to deliver the product according to the wrong price.

 

 

Article 10 - Conformity and Warranty

The entrepreneur ensures that the products and / or services comply with the agreement, the specifications specified, the reasonable requirements of validity and / or usability and the statutory provisions existing on the date of the conclusion of the agreement and / Or government regulations. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.

A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer may apply to the entrepreneur under the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months after delivery. Return of the products must be in the original packaging and in new condition.

The entrepreneur's warranty period corresponds to the factory warranty term. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, or for any advice regarding the use or application of the products.

 

The guarantee does not apply if:

the consumer has repaired and / or processed the delivered products himself or had it repaired and / or processed by third parties;

the delivered products have been exposed to abnormal circumstances or otherwise handled carelessly or contrary to the instructions of the entrepreneur and / or have been treated on the packaging;

the inadequacy is wholly or partly the result of regulations that the government has made or will make with regard to the nature or quality of the materials used.

 

Article 11 - Delivery and execution

Subject to the provisions of Article 4 of these Terms and Conditions, the Entrepreneur will execute accepted orders at an expeditious speed, but not later than 30 days, unless another delivery date has been agreed. If delivery is delayed or if an order can not be executed or only partially, the consumer will receive it by 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without charge and the right to any compensation.

After dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer without delay.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise. Damages must be reported in writing immediately, but at the latest within 5 working days. Returns must be made in the original packaging and in new condition.

All delivery terms are indicative. The stipulated time limits can not be deducted from the consumer. Exceeding a time limit does not entitle the consumer to damages.

For all our wooden products, wood is a natural product. The panels are made of loose planks, these planks can vary slightly in length and/or width, so the wooden panels are not dimensionally stable. we apply a tolerance of a maximum of 6 mm per plank in both length and width, whereby the total deviation may not be greater than 3%.

Dimensions, Aluminium, Plexiglas and Forex: The panels may differ by 7 mm in both length and width. This according to the standard that is standard in the graphics sector.

Hanging systems, All our panels come with a free hanging system. These suspension systems are supplied separately with your order. Artuals is never responsible for incorrect mounting of these systems or any damage resulting from incorrect mounting of these systems. A description or advice for hanging is always available on request from Artuals.

 

Article 12 - Duration Transactions: Duration, Termination and Extension

 

Termination

The consumer can terminate an agreement that has been concluded for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.

The consumer can terminate an agreement that has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time by the end of the specified term, with due observance of the agreed cancellation rules and a notice period of at least highest one month.

The consumer can agree the agreements mentioned in the previous paragraphs:

Terminate at all times and not be restricted to termination at a particular time or in a certain period;

At least terminate in the same manner as they have been incurred by him;

Always terminate with the same notice period as the entrepreneur has undertaken for himself.

 

Extension

An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or renewed for a specified period.

Contrary to the previous paragraph, a contract that has been entered into for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed period of a maximum of three months, if the consumer opposes this extended agreement. can cancel the end of the extension with a notice period of no more than one month.

An agreement entered into for a certain period of time and which involves the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month and a notice period of no more than Three months in the event of the agreement being scheduled, but less than once a month, delivery of daily, news and weekly newspapers and magazines.

An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration

If an agreement has a duration of more than one year, after one year, the consumer may terminate the agreement at any time with a notice period of no more than one month unless reasonable and fairness resists termination before the end of the agreed term.

 

 

Article 13 - Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after commencement of the commencement term as referred to in article 6 member 1. In the event of an agreement to provide a service, this period will be accepted after the consumer has received the confirmation of the agreement.

The consumer has the duty to report. Inaccuracies in data supplied or specified payment immediately to the operator

In case of default by the consumer, the operator subject to statutory limitations, the right to the consumer to spend. Advance reasonable expenses will be made known

 

Article 14 - Complaints

The entrepreneur has a well-publicized complaints and deals with complaints under this procedure.

Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within 2 months, after the consumer has discovered the defects.

Complaints submitted to the trader will be answered from the date of receipt. Within 14 days If a complaint is a foreseeable longer processing time, within the period of the 14 days responded with an acknowledgment of receipt and indicating when the consumer can expect. A more detailed answer

If the complaint can not be resolved by mutual agreement, a dispute arises which is susceptible to the dispute settlement.

In the event of complaints, a consumer must first turn to the entrepreneur. If the web store is affiliated with Stichting WebwinkelKeur and in the event of complaints that cannot be resolved by mutual agreement, the consumer should contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this webshop has an ongoing membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution is not yet reached, the consumer has the option to have his complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur, the decision of which is binding and both the entrepreneur and consumer agree to this binding decision. There are costs associated with submitting a dispute to this disputes committee, which must be paid by the consumer to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).

A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur indicates otherwise in writing.

If a complaint is found by the vendor, the vendor will either replace or repair the goods at its option or delivered.

Article 15 - Disputes

Contracts between the entrepreneur and the consumer covered by these terms and conditions apply exclusively to Dutch law. Even if the consumer is living abroad.

The Vienna Sale Convention does not apply.

Article 16 - Additional or derogatory provisions

Additional or different provisions of these terms may not be to the detriment of the consumer and should be recorded or in such a way that they can be stored on a durable medium. Consumers in an accessible manner

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