Terms and conditions

 

1.0

Validity of these terms and definitions

1.1

The present terms and conditions apply to all transactions we may enter into with buyers.

1.2

There shall be no departure from the terms of delivery and dispatch agreed with buyers.

1.3

Each and every person that has agreed by word of mouth, in writing, by wire, or otherwise to purchase a work

of art on seller’s conditions, shall be bound by said conditions, even if the purchase has not been confirmed

in writing.

2.0

Concepts

2.1

Under the present terms and conditions Hisart shall act as the seller of the art and therefore

can never be the buyer thereof.

2.2

The present terms and conditions see the buyer of the work of art as the person initiating its sale.

2.3

Remote purchase is defined as a purchase entered into by a buyer and a seller not physically meeting,

as is common in buying and selling transactions via the internet.

3.0

Prices

3.1

Prices shall consistently be quoted on the basis common at the time of purchase.   If prices should

subsequently go up, due to (say) increases in duties or charges such as VAT, we reserve the right

to pass on the additional cost to the buyer.

3.2

Any discounts may be provided per individual transaction but shall not automatically entitle to similar

discounts for any subsequent purchase.

3.3

Prices listed on the  henkerkelens.nl  internet site shall include VAT and postal charges.

3.4

All payments shall be made through the  henkerkelens.nl  internet site on the day of ordering.

4.0

Delivery times

4.1

Delivery times shall become effective only after receipt of the full invoiced amount.

4.2

In the event that no delivery time has been agreed, delivery shall be made after a lapse of  time

not exceeding 30 days.

4.3

If a delivery time has been agreed, it shall be respected so long as no circumstances     beyond seller’s control

 arise. The date of delivery cannot be interpreted as a statutory limit.

4.4

Shipment of the items to be delivered by us shall at all times be for buyer’s account and risk.

We shall however have the right to choose the manner of shipping as we think best, if and to  the extent

that the buyer fails to provide further instructions. Any shipping insurance shall be  for the account

of the buyer. Failure to meet the agreed time of delivery shall at no time  entitle to compensation for any

damage suffered.

5.0

Damage

5.1

The customer shall be bound upon receipt of the goods immediately to check whether they are in line

with the specifications provided, and to ascertain that they are in good condition.

Any faults and inaccuracies shall be communicated to Hisart within 96 hours following delivery.

If no such communication is made within the obligatory period, it will be assumed  that the item was

received in good condition.

6.0

Third-Party Liability

6.1

In the event of damage, the goods shall be returned to the sender and their full price shall  be repaid.

7.0

Artist signature

7.1

All of Henk Erkelens’ works supplied bij Hisart shall bear the artist’s signature.

8.0

Commercial Conduct

8.1

At no time shall Henk Erkelens’ work be  published or reproduced without Hisart ‘s prior written permission.

8.2

The consumer shall be fully responsible for any and all kinds of damage that may arise from the unlawful

publication of any or all of the acquired works.

9.0

Disputes and Applicable Law

9.1

In the event of disputes, Dutch Law shall apply for all agreements and transactions.

9.2

All disputes and claims that may arise between Hisart and the client shall be decided by the

Competent magistrate of the Amsterdam Court of Justice.

9.3

However, Hisart may choose to have the dispute decided by arbitrage, in which case we

shall notify the client thereof in writing.