General Terms and Conditions
Article 1 – Definitions
For the purposes of these terms and conditions, the following definitions shall apply:
Cooling-off period: the period during which the consumer may exercise their right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the trader;
Day: calendar day;
Long-term transaction: a distance contract relating to a series of products and/or services, for which the delivery and/or purchase obligation is spread over time;
Durable medium: any means that enables the consumer or trader to store information addressed personally to them in a manner that allows future consultation and unchanged reproduction of the stored information.
6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Trader: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract concluded within the framework of an organised system for the distance sale of products and/or services, whereby, up to and including the conclusion of the contract, exclusive use is made of one or more means of distance communication;
Means of distance communication: a means that can be used to conclude a contract without the consumer and trader being simultaneously present in the same place.
Article 2 – Identity of the Trader
Pilage Art Studio
Het Boerrigter 50, 7582DB Losser;
Telephone number: 06-29566005 on working days from 09:00-17:00
Email address: nick@pilageartstudio.com
Chamber of Commerce number: 92840329
VAT identification number: NL004981915B21
If the trader’s activity is subject to a relevant licensing system: the
details of the supervisory authority:
If the trader practices a regulated profession:
– the professional association or organisation of which they are a member;
– the professional title, the place in the EU or European Economic Area where it was awarded;
– a reference to the professional rules applicable in the Netherlands and information on where and how these professional rules can be accessed.
Article 3 – Applicability
These general terms and conditions apply to every offer made by the trader and to every distance contract concluded between the trader and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is reasonably impossible, the trader shall, before the distance contract is concluded, indicate that the general terms and conditions may be inspected at the trader’s premises and that they will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is reasonably impossible, the trader shall, before the distance contract is concluded, indicate where the general terms and conditions can be consulted electronically and that they will be sent to the consumer free of charge electronically or by other means upon request.
In the event that, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs shall apply accordingly and, in the event of conflicting terms and conditions, the consumer may always rely on the applicable provision that is most favourable to them.
Article 4 – The Offer
If an offer has a limited period of validity or is subject to conditions, this shall be expressly stated in the offer.
The offer shall contain a complete and accurate description of the products and/or services offered. The description shall be sufficiently detailed to enable the consumer to properly assess the offer. If the trader uses images, these shall be a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer shall not bind the trader.
Each offer shall contain such information that it is clear to the consumer what rights and obligations are associated with accepting the offer. This concerns in particular:
the price including taxes;
any delivery costs;
the manner in which the contract will be concluded and which actions are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and performance of the contract;
the period for accepting the offer, or the period within which the trader guarantees the price;
the amount of the tariff for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
whether the contract will be archived after it has been concluded and, if so, how it can be consulted by the consumer;
the manner in which the consumer can check the data provided by them in connection with the contract before concluding the contract and, if desired, correct it;
any other languages in which, in addition to Dutch, the contract can be concluded;
the codes of conduct to which the trader has subscribed and the manner in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the case of a long-term transaction.
Article 5 – The Contract
The contract shall, subject to the provisions of paragraph 4, be concluded at the moment the consumer accepts the offer and fulfils the conditions set therein.
If the consumer has accepted the offer electronically, the trader shall promptly confirm receipt of the acceptance electronically. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may terminate the contract.
If the contract is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the trader shall observe appropriate security measures.
The trader may – within the limits of the law – ascertain whether the consumer can fulfil their payment obligations, as well as all facts and factors that are important for responsibly entering into the distance contract. If, based on this investigation, the trader has good grounds not to enter into the contract, the trader shall be entitled to refuse an order or request with reasons or to attach special conditions to its execution.
The trader shall provide the consumer with the following information with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
a. the visiting address of the trader’s establishment where the consumer can submit complaints;
b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information about guarantees and existing after-sales service;
d. the information referred to in Article 4 paragraph 3 of these terms and conditions, unless the trader has already provided this information to the consumer before the performance of the contract;
e. the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.
Article 6 – Right of Withdrawal
When purchasing products, the consumer has the possibility to terminate the contract without giving any reason within 14 days. This cooling-off period begins on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the trader.
During the cooling-off period, the consumer shall handle the product and packaging with care. They shall only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If the consumer exercises their right of withdrawal, they shall return the product with all supplied accessories and – where reasonably possible – in its original condition and packaging to the trader, in accordance with the reasonable and clear instructions provided by the trader.
Article 7 – Costs in Case of Withdrawal
If the consumer exercises their right of withdrawal, the consumer shall bear at most the costs of returning the product.
If the consumer has paid an amount, the trader shall refund this amount, excluding the shipping costs incurred, as soon as possible, but no later than 30 days after the return or withdrawal.
Article 8 – Exclusion of the Right of Withdrawal
The trader may exclude the consumer’s right of withdrawal insofar as provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal shall only apply if the trader has clearly stated this in the offer, or at least in good time before the contract is concluded.
Exclusion of the right of withdrawal is only possible for products:
a. that have been created by the trader in accordance with the consumer’s specifications;
b. that are clearly personal in nature;
c. that cannot be returned due to their nature;
d. that can deteriorate or age rapidly;
e. whose price is subject to fluctuations in the financial market over which the trader has no influence;
f. for individual newspapers and magazines;
g. for audio and video recordings and computer software where the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
a. relating to accommodation, transport, restaurant services or leisure activities to be performed on a specific date or during a specific period;
b. where delivery has begun with the consumer’s express consent before the cooling-off period has expired;
c. relating to betting and lotteries.
Article 9 – The Price
During the validity period stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from changes in VAT rates.
Notwithstanding the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and over which the trader has no influence at variable prices. This link to fluctuations and the fact that any prices stated are indicative prices shall be stated in the offer.
Price increases within 3 months after the contract has been concluded are only permitted if they result from statutory regulations or provisions.
Price increases from 3 months after the contract has been concluded are only permitted if the trader has stipulated this and:
a. they result from statutory regulations or provisions; or
b. the consumer has the right to terminate the contract as of the day on which the price increase takes effect.
The prices stated in offers for products or services include VAT.
Article 10 – Conformity and Guarantee
The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations applicable on the date on which the contract was concluded. If agreed, the trader also guarantees that the product is suitable for use other than normal use.
A guarantee provided by the trader, manufacturer or importer shall not affect the statutory rights and claims that the consumer may assert against the trader under the contract.
Article 11 – Delivery and Performance
The trader shall exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
The place of delivery shall be the address that the consumer has made known to the company.
Subject to the provisions of Article 4 of these general terms and conditions, the company shall execute accepted orders with due speed but no later than within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer shall receive notice of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the contract without costs and the right to any compensation.
In the event of termination in accordance with the previous paragraph, the trader shall refund the amount paid by the consumer as soon as possible, but no later than 30 days after termination.
If delivery of an ordered product proves impossible, the trader shall endeavour to make a replacement item available. At the latest upon delivery, it shall be clearly and understandably stated that a replacement item is being delivered. The right of withdrawal may not be excluded for replacement items. The costs of any return shipment shall be borne by the trader.
The risk of damage and/or loss of products shall remain with the trader until the moment of delivery to the consumer or a representative previously designated by the consumer and made known to the trader, unless expressly agreed otherwise.
Article 12 – Long-Term Transactions: Duration, Termination and Renewal
Termination
The consumer may terminate a contract concluded for an indefinite period and which provides for the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate a contract concluded for a fixed period and which provides for the regular delivery of products (including electricity) or services at any time at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the contracts referred to in the previous paragraphs:
at any time and not be limited to termination at a specific time or during a specific period;
at least in the same manner as they entered into the contract;
always with the same notice period as the trader has stipulated for itself.
Renewal
A contract concluded for a fixed period and which provides for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
Notwithstanding the previous paragraph, a contract concluded for a fixed period and which provides for the regular delivery of daily, weekly and news newspapers and magazines may be tacitly extended for a fixed period of no more than three months, provided that the consumer can terminate the extended contract at the end of the extension with a notice period of no more than one month.
A contract concluded for a fixed period and which provides for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer is entitled to terminate it 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 case of a contract for the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
A contract of limited duration for the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) shall not be tacitly continued and shall automatically end after the trial or introductory period.
Duration
If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed term.
Article 13 – Payment
Unless otherwise agreed, amounts owed by the consumer shall be paid within 14 days after the cooling-off period referred to in Article 6 paragraph 1 has commenced. In the case of a contract for the provision of a service, this period shall commence after the consumer has received confirmation of the contract.
When selling products to consumers, general terms and conditions may never require an advance payment of more than 50%. If advance payment has been agreed, the consumer may not assert any rights concerning the performance of the relevant order or service(s) until the agreed advance payment has been made.
The consumer is obliged to immediately report inaccuracies in the payment details provided or stated to the trader.
In the event of non-payment by the consumer, the trader shall, subject to statutory limitations, have the right to charge the reasonable costs previously communicated to the consumer.
Article 14 – Complaints Procedure
The trader shall have a sufficiently publicised complaints procedure and shall handle the complaint in accordance with this complaints procedure.
Complaints concerning the performance of the contract must be submitted to the trader within a reasonable period, fully and clearly described, after the consumer has identified the defects.
Complaints submitted to the trader shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader shall respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute shall arise that is subject to the dispute resolution procedure.
Article 15 – Disputes
Contracts between the trader and the consumer to which these general terms and conditions relate shall be governed exclusively by Dutch law.
Article 16 – Additional or Deviating Provisions
Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.