Terms and conditions.
Concerning Merel ART products, services and websites:
In these terms and conditions I explain what my rules are and you can read
what the rights and obligations are of you and me. Read this document
carefully.
If you have any questions regarding these conditions, you can contact me at
Article 1
1.1 Merel ART has her registered office in Asperen and is registered at the Chamber of Commerce under filing number 27315456.
1.2 Customer: a natural or legal person who enters into an agreement with Merel ART
1.3 Consumer: a Customer as meant in article 1.2, who is not acting in the exercise of profession or company.
1.4 The website of Merel ART is to be reached through www.merelfeenstra.nl
1.5 Products: the most comprehensive definition of a product or case, definitely including, although not exclusively, to say: original works of art by Merel ART, reproductions of works of art by Merel ART and other products / services offered by Merel ART
1.6 Agreement: a distance contract, whereby Customer via a by Merel ART organised system for distance sales of products at Merel ART and whereby up until the closing of an agreement exclusively one or more techniques for distance communication are used (for example e-mail).
1.7 Reflection time: a time during which a Consumer has the option to bring about the resolving of the purchase, via right of withdrawal.
1.8 Right of withdrawal: the option for a Consumer to – after receipt of the ordered Product(s) to return these Products to Merel ART within the reflection time and get their purchase price back.
General provisions
Article 2
2.1 These terms apply to all offers and to all agreements (distance contracts) of Merel ART that extend to the sale of Products.
2.2 The possible by Customer used purchase terms, are explicitly rejected and therefore not apply to agreements entered into with Merel ART.
2.3 In case one or more provisions in these general terms completely or partially are null and void or are allowed to be declared null and void, the other general terms will remain completely applicable.
2.4 In these general terms, the word ‘in writing’ can also be classified as documents produced in writing that will be sent via electronic ways, definitely including e-mail.
2.5 The content of this website as well as the content of all other expressions of Merel ART on the internet has been composed with the greatest care. However, Merel ART cannot provide any guarantees concerning the nature, correctness or content of this information. Merel ART is not liable for possible occurring errors or inaccuracies, or for the results of the use of the information concerned.
Offers
Article 3
3.1 Product specifications as well as the price of the Product including local VAT are mentioned with the Products offered on Merel ART website. Shipping costs are displayed before or after the realization of the agreement.
3.2 Products offered on the Merel ART websites contain an as accurately as possible and truthful description and/or image of the offered Product.
3.3 In case the descriptions and/or images as described in article 3.2 turn out differently in reality, Merel ART is not liable to compensation towards the Customer in any way. The Consumer at all times reserve their right on withdrawal as determined in article 6.1.
3.4 Merel ART provides the Customer with information about the expected delivery time of the Product; this term is only an indication.
3.5 Possible import duties due are always for account of the Customer.
Realization of an agreement
Article 4
4.1 Agreements come about after the Customer has accepted an offer or quotation issued by Merel ART and Merel ART agreed to this acceptation.
4.2 An agreement also comes about in case Merel ART proceeds with the delivery of Products to the Customer, after a Customer placed an order via the Merel ART website.
4.3 Merel ART is always free to – without statement of reason – not agree upon an offer made by a Customer. In the event that the Customer already made payment to Merel ART, Merel ART will reimburse this amount to the Customer immediately after the refusal.
Delivery
Article 5
5.1 After the realization of an agreement, Merel ART will offer the ordered Products for transport. The costs of the transport are displayed during the realization of an agreement.
5.2 Delivery of the order proceeds on the paved road in front of the first door on ground level, unless otherwise agreed upon (in writing) between Merel ART and the Customer.
5.3 After an agreement between Merel ART and the Customer has come about, the Products ordered by the Customer will be delivered by a Third Party as soon as possible.
Return of Products
Article 6
6.1 After receipt of the ordered Product(s), Consumer has fourteen (14) days to – on grounds of their Right of withdrawal – return the ordered Product(s) to Merel ART, provided that they are unopened and undamaged, without statement of reasons.
6.2 After receipt of the Product, Merel ART will reimburse the invoice value of the Product to the Consumer, within thirty (30) days.
6.3 In case a Consumer uses their Right of withdrawal, the risk of the shipment and the shipping costs will be for account of the Consumer.
6.4 From the moment of receipt of the Product(s), Consumer needs to take all appropriate measures to prevent damage to the Product and/or packages.
6.5 Damaged products will never be taken back by Merel ART.
6.6 The Consumer cannot make their Right of withdrawal valid in case the ordered Product: has been manufactured to personal preference of the Customer or falls under another exception as mentioned in article 7:46 lid 4 of the Dutch Civil Code.
Guarantee
Article 7
7.1 The Customer needs to check the delivered Products immediately after receipt. Possible defective Products need to be reported to Merel ART, within a term of seven (7) days at the latest.
7.2 In case Merel ART declares the complaints as justified, the Customer will be offered repair, a replacing Product or reimbursement of the invoice value of the Product.
7.3 The Customer has no right on Guarantee as described in this article in case conclusion is made that the defect to the Product is caused by the Customer.
Price & Payment
Article 8
8.1 Product specifications as well as the price of the Product including local (NL) VAT are mentioned on the Merel ART website. Shipping costs are displayed before or during the realization of the agreement. If Import Duties apply to the shipping destination, Merel ART will not communicate the appropriate duties through the shipping cost of Third party transporter. Shipment is executed on the basis of DAP (Delivered At Place), therefore the customer is responsible for the correct payment of import duties. Merel ART is not liable for any quotations made by Third Party or Merel ART upon agreement.
8.2 Payment needs to be settled during the realization of an Agreement.
8.3 Customer needs to report possible inaccuracies in the invoicing to Merel ART immediately, after which Merel ART will correct the amount.
8.4 Inaccuracies in the invoicing do not relieve the Customer from any payment obligations or any other obligations reported in these terms.
Retention of title & Intellectual property
Article 9
9.1 The Products delivered by Merel ART will remain property of Merel ART until the moment Customer has well-followed up on all the obligations from the agreement closed with Merel ART. The intellectual property of the Products remain with Merel ART. Customers of Merel ART are not allowed to duplicate or place the website or any part of it at someone’s disposal, without permission of Merel ART.
9.2 In case Merel ART appeals to retention of title, the relevant closed agreement will be considered resolved, without prejudice to the right of Merel ART to claim compensation of damage, lost interest and interest.
9.3 The content of the Merel ART websites, including, but not limited to: the texts, images, design, brands and domain names, are property of Merel ART and are protected by copyright and intellectual or industrial property right that exists under the applicable law. Users of the website are not allowed to duplicate or place the website or any part of it at someone’s disposal, without permission of Merel ART.
Force Majeure
Article 10
10.1 Merel ART is not held to follow up on any obligations towards the Customer if they are restricted as a result of circumstances for which they cannot be blamed by law, nor by virtue of the law, an act in law or traffic notions.
10.2 During the period the force majeure lasts, Merel ART can hold the obligations from the agreement in abeyance. In case the force majeure lasts longer than a period of thirty (30) days, the Customer as well as Merel ART are entitled to resolve the agreement, without any obligation to reimburse damage suffered by the other party.
Liability
Article 11
11.1 In the event that Merel ART is held liable, every liability is limited to – maximum- the invoice value of the agreement, at least to that part of the agreement the liability relates to.
11.2 Merel ART is only liable for immediate damage. With immediate damage is exclusively meant:
The reasonable costs, to determine the cause and the size of the damage, for as far as the determining relates to damage in the sense of these terms.
The possible reasonable costs made to have the deficient performance of Merel ART answered to the agreement, for as much as they can be imputed to Merel ART.
Reasonable costs, made to prevent or limit damage, for as far as Customer demonstrates that these costs have lead to limit immediate damage as meant in this article.
11.3 Merel ART excludes every liability for indirect damage suffered by the use of products supplied by Merel ART, with the exception of situations in which the damage can be directly blamed to willful intent or gross negligence on the side of Merel ART, its management and/or managing staff.
11.4 Merel ART in any case is never liable for the following loss items: Consequential damage, loss profit, lost savings and damage by business interruption.
Applicable law and litigations
Article 12
12.1 Dutch law exclusively applies to all legal relations Merel ART is a party in. The applicableness of the CISG is excluded.
12.2 The Customer and Merel ART will not appeal to a Judge until after they have done the utmost to settle a dispute in mutual consultation.
12.3 Unless otherwise determined by rules of mandatory law, Dutch Law is applicable. Any disagreements will be exclusively handled by the courts in Utrecht.
Version 0.2.
These terms and conditions were last modified on October 18, 2022.