Terms and Conditions

Table of contents:

Article 1: General and definitions

Article 2: Offers and Agreements

Article 3: Prices, rates and payment

Article 4: Delivery / delivery times

Article 5: Force majeure and/or special circumstances

Article 6: Exchange and right of withdrawal

Article 7: Sale of works of art

Article 8: Intellectual and industrial property rights

Article 9: Retention of title

Article 10: Liability

Article 11: Orders / communication

Article 12: Complaints

Article 13: Personal data

Article 14: Miscellaneous

Article 15: Applicable law and dispute resolution

Article 16: Warranty

Article 1 General and definitions

1.1 In these General Terms and Conditions, 'ArtFusion' is defined as: ArtFusion or ArtFusion.nl, being the natural or legal person who, under the applicability of these terms and conditions, enters into an agreement for sale and/or delivery. These terms and conditions apply to every offer from or to and to every agreement with ArtFusion and to the execution thereof, all exclusively insofar as ArtFusion acts as a selling and/or supplying party or could act in response to an offer. In these terms and conditions, '(the) Customer' means the person who, in an offer or agreement in which ArtFusion acts or could act as a selling or supplying party as described above, acts as the other party of ArtFusion, as well as its representatives, agents, assigns. and heirs.

1.2 Unless expressly agreed otherwise in writing, these general terms and conditions apply to all sales agreements whereby ArtFusion sells or rents works of art to the Customer under the conditions below.

1.3 ArtFusion reserves the right to change or supplement these conditions from time to time. The amended terms and conditions therefore apply to agreements already concluded, unless this would be contrary to reasonableness and fairness in a specific situation. By using the ArtFusion website and/or placing an order, the Customer accepts these General Terms and Conditions as well as all other rights and obligations as stated on the website.

1.4 The provisions of these General Terms and Conditions can only be deviated from if this has been expressly agreed in writing. If the Customer also refers to its general terms and conditions, those terms and conditions do not apply unless expressly agreed to in writing by ArtFusion. If one or more articles of these terms and conditions are declared invalid by a court decision, the other provisions of these terms and conditions will remain fully in force and ArtFusion and the Customer will enter into consultation in order to agree on new provisions to replace the void or annulled provisions. in which the purpose and scope of the void or annulled provisions are taken into account as much as possible. ArtFusion is authorized to use third parties in the execution of an agreement with the Customer.

Article 2 Offers and Agreements

2.1 Everything that ArtFusion offers in terms of options for purchasing, leasing and/or renting works of art is an invitation to the Customer to make an offer. An agreement is only concluded after the Customer has agreed to the offer made by ArtFusion. An agreement is concluded when the Customer has received an order confirmation in person, or when an order confirmation has been sent to the Customer by e-mail or by post to the e-mail address or delivery address specified by the Customer. The Customer is bound to his order and will be obliged to reimburse ArtFusion for any changes and/or cancellation of the order and any damage caused to ArtFusion, costs already incurred, loss of profit, loss of interest and the like, regardless of the reason, including force majeure for the change and/or or cancellation, regardless of Customer's acceptance thereof. The loss of profit referred to is deemed to amount to at least 50% of the purchase price. ArtFusion reserves the right to prove and claim a higher amount of damages.

2.2 The agreement between ArtFusion and Customer is concluded because the Customer has placed an order and the Customer has received an order confirmation from ArtFusion with the details of the order in person, by e-mail or at the postal address. You can order in person at the ArtFusion gallery, by telephone or on the ArtFusion.nl website by correctly completing the Rental, Rental Purchase or Purchase Agreement.

2.3 In many cases the invoice will also serve as an order confirmation. The order confirmation/invoice will in any case contain the following information:

• The name of the artwork

• The name of the artist who created the work

• Whether it concerns sale, lease purchase or rental

• The price or rental rate

• The method and term of payment

• The e-mail address and/or telephone number where the Customer can contact him with questions regarding the order.

2.5 The agreement contains all agreements made between the Customer and ArtFusion and replaces all previously made agreements, arrangements and/or arrangements between the Customer and ArtFusion.

2.6 Unless proven otherwise, ArtFusion's administration serves as proof of the orders placed and payments made by the Customer to ArtFusion and of deliveries made by ArtFusion. ArtFusion acknowledges that electronic communications may serve as evidence. By accepting the general terms and conditions, the Customer also acknowledges this.

2.7 Every agreement is entered into by ArtFusion under the condition that the Customer appears to be sufficiently creditworthy. ArtFusion is entitled to require the Customer to provide sufficient security to the satisfaction of ArtFusion to cover its obligations towards ArtFusion. ArtFusion is entitled to suspend the execution of the agreement until the required security has been provided.

2.8 All offers from ArtFusion are without obligation. Offers or quotations should be regarded as an invitation to the potential Customer to make an offer. ArtFusion is in no way bound by this, unless this is stated unambiguously in writing. The acceptance of the invitation to make an offer by the potential Customer counts as an offer and only leads to the conclusion of an agreement if the other provisions of this article have been met. There is never an obligation for ArtFusion to conclude an agreement with a potential Customer.

2.9 Offers and agreements are subject to the availability of Works of Art. If an Artwork that is temporarily unavailable is or has been ordered by the Customer, ArtFusion will indicate when the Artwork will be available again.

2.10 ArtFusion is entitled to terminate the agreement, or to refuse orders or to attach conditions to them if it has good reason to fear that the Customer will not fulfill its obligations. The Customer and ArtFusion expressly agree that a valid agreement is concluded by using electronic forms of communication as soon as the conditions described above have been met. In particular, the absence of a normal signature does not affect the binding force of the offer and its acceptance. ArtFusion's files (electronic or otherwise) serve as presumption of evidence to the extent permitted by law. Information, images, communications provided verbally, by telephone or by e-mail, etc. regarding all offers and the most important characteristics of the Works of Art are presented or made as accurately as possible. However, ArtFusion does not guarantee that all offers and Works of Art fully correspond to the information provided, etc. In principle, deviations cannot give rise to compensation and/or dissolution, unless the deviation is such that the Work of Art no longer meets what the Customer could reasonably have expected, in which case the provisions regarding 'exchange and right of withdrawal' of these General Terms and Conditions to apply.

Article 3 Prices, rates and payment

3.1 All prices for the goods offered are in euros, in accordance with the legal regulations in this regard, and - unless stated otherwise - include sales tax (VAT) and other levies imposed by the government. The amount of the shipping costs to be paid by the Customer will be agreed by ArtFusion in consultation with the Customer. Special rates apply for delivery outside the Netherlands.

3.2 All invoices will be paid by the Customer without recourse to discount and/or settlement and/or suspensions, no later than the fourteenth day after the date of the invoice, unless otherwise agreed in writing.

3.3 If the ordered Artwork must be delivered outside the Netherlands at the request of the Customer, the Customer is liable for payment of any sales tax or import duties due.

3.4 In the event of non-payment or late payment by the Customer, interest of 2.0% per month is due per day on which payment should have been made up to the day of full payment on the outstanding amount, whereby a month already started is will be a full month

3.5 The Customer will also be charged for all (extra)judicial costs of whatever nature that ArtFusion has had to incur as a result of the Customer's failure to fulfill its (payment) obligations. In the event of late payment, ArtFusion is entitled to terminate the agreement with immediate effect or to suspend (further) delivery until the Customer has fully complied with the payment obligations, including the payment of interest and costs due. Everything - payment or otherwise - to which ArtFusion is entitled in connection with the obligations arising from any purchase agreement or these conditions, without exception, is jointly and severally payable by the owner, director, or by anyone else who has the power to dispose of the goods, regardless of whether they have placed orders with ArtFusion for the delivery of goods or services in their own name and/or for their own account, or for the account of third parties, on the understanding that performance by ArtFusion to one of them releases the other.

3.6 Any special offers are only valid for the period of validity stated in that specific offer. The Customer owes the price that ArtFusion has communicated to the Customer in its confirmation in accordance with the provisions of these conditions. Obvious errors in the quotation, such as obvious inaccuracies, i.e. errors for which the Customer could reasonably have suspected that an error had occurred, can also be corrected by ArtFusion after the conclusion of the agreement.

3.7 Certain payment methods are subject to further conditions regarding the delivery method and associated costs. This is clearly communicated to the Customer.

3.8 ArtFusion reserves the right to change the agreed price after the conclusion of the agreement. If the price is increased, the Customer has the right to terminate the agreement without ArtFusion being obliged to pay damages. The Customer is not entitled to this authority if it has been agreed that delivery will take place more than three months after the conclusion of the agreement.

3.9 Orders via the website can be paid in a number of ways. This is indicated on the website. ArtFusion may expand payment options in the future. New payment options will be announced via the website. The full price must be received by ArtFusion within 10 days of the invoice date or, if earlier, before delivery.

3.10 Partial payment never obliges ArtFusion to make any delivery. As long as any amount or security owed by the Customer to ArtFusion for whatever reason remains unpaid or has not been provided, the Customer cannot rely on the fact that any price has been paid. In the context of the foregoing, any third party who has, has had or will have financial or organizational ties with the Customer is equated with the Customer. If the price in connection with the above has not been or cannot be deemed to have been paid in full at the originally agreed time, the agreed delivery times will only start to run as soon as this is the case. Whatever ArtFusion may have delivered in accordance with the above before full payment can be reclaimed by ArtFusion as delivered unduly and can in no way put ArtFusion in a more disadvantageous position than ArtFusion would have been without this delivery. Costs of receiving and returning and associated with the delivered goods during the period between receipt and return will be borne by the Customer. Before any obligation of ArtFusion is due and payable, the consequences of non-fulfillment of that obligation by ArtFusion can never occur and ArtFusion can never be accused of doubting the fulfillment of its obligations. Customer is in default immediately after the payment deadline without notice of default. Payments from the Customer, regardless of any statements to the contrary by the Customer in this regard, always serve to settle the payments owed by the Customer to ArtFusion, on whatever basis, in the following order: interest and costs relating to goods not (or no longer) due to a retention of title goods delivered by ArtFusion to the Customer, the price of the aforementioned goods, other amounts owed by the Customer to ArtFusion, interest and costs relating to goods (still) recoverable by ArtFusion on the basis of a retention of title, sold by ArtFusion to the Customer and, finally, the price of the latter items, with the understanding that within each category mentioned, the longest outstanding item is always deemed to be paid first. Payments made before the moment of due and/or expiration of due date never give any right to discount, interest or refund. The Customer is not entitled to settle any prices, interest and costs owed by the Customer with claims against ArtFusion, insofar as the latter claims have not been expressly included as a credit item by ArtFusion in the relevant invoice. Any promised discounts will lapse as soon as the customer is in default with regard to the discounted price. ArtFusion is not obliged to issue receipts for payments. Discharge for any principal amount given by ArtFusion without express discharge for interest and costs never implies the latter discharge. Discharge in respect of a payment given by ArtFusion only concerns the payment for which express discharge has been granted and not, for example, previously due payments.

Article 4 Delivery/delivery times

4.1 Orders are delivered as quickly as possible. The agreed delivery times are only an indication and never a strict deadline.

4.2 Deliveries take place at the address specified by the Customer during the conclusion of the agreement. This will be communicated to the Customer in a timely manner. ArtFusion will arrange for delivery by post or shipping in any other manner at ArtFusion's discretion. Delivery by post or shipment in any other way will only take place after payment for the Artworks to be delivered has been received by ArtFusion. ArtFusion is entitled to make partial deliveries. Different conditions may apply to deliveries abroad.

4.3 In general, works by different artists will be delivered in different shipments. It may also happen that works by the same artist are sent in multiple shipments.

4.4 Upon receipt, the Customer must thoroughly inspect the work for errors and defects and these must be reported to ArtFusion within 24 hours, failing which the Customer acknowledges having received the work in good condition.

4.5 Delivery is at the 1st threshold of the Customer's home, in high-rise buildings at the main entrance.

Article 5 Force majeure and/or special circumstances

5.1 In the event of force majeure, ArtFusion is not obliged to fulfill its obligations to the Customer, or the obligation to comply will be suspended for the duration of the force majeure. In the event of force majeure, ArtFusion has the right, without being obliged to pay any compensation, to declare the agreement dissolved in whole or in part, without any judicial intervention being required. This does not affect the Customer's obligation to pay for goods already delivered and costs already incurred. Force majeure means any circumstance beyond the control of ArtFusion, which prevents the fulfillment of its obligations towards the Customer in whole or in part. These circumstances include strikes, fire, business disruptions, energy disruptions, non-delivery or late delivery from suppliers or other third parties engaged and the absence of any permit to be obtained from the government. Force majeure also includes disruptions in a (telecommunications) network or connection or communication systems used and/or the unavailability of the website at any time.

Article 6 Exchange and right of withdrawal

6.1 If there is a consumer distance purchase, the Customer has the right to terminate the agreement without giving reasons within seven working days after receipt of the Work of Art. The costs of returning the Artwork will be borne by the Customer. Works of art must be returned well and properly packaged, including purchase invoice. The Works of Art may not be damaged. The complete, undamaged packaging must also be present. If these conditions are not met, costs will be charged for returning/cancelling the order. These costs will represent a certain percentage of the purchase amount and will be determined by ArtFusion. If an order is already refused at the door, the costs incurred by ArtFusion will always be charged. The Customer is obliged to carefully inspect the Works of Art immediately upon receipt. Without prejudice to the law and the provisions of these General Terms and Conditions, complaints cannot be made due to a defect in the Work of Art if there is wear and tear that can be considered normal and furthermore in the following cases: 1. If changes have been made in or to the Work of Art after delivery, including repairs that have not been carried out with the permission of ArtFusion or the maker of the Work of Art; 2. if the Customer cannot prove that he purchased the Artwork from ArtFusion; 3. if the defects are the result of improper use or improper use; or4. if damage has been caused by intent, gross negligence or negligent maintenance.

Article 7 Sale of works of art

7.1 After the Customer has received the artwork he/she ordered, the Customer has the authority to terminate the underlying agreement with ArtFusion within ten (10) working days after receipt of this artwork. Customer does not have to give a reason for this.

7.2 If the Customer wishes to terminate the agreement in accordance with Article 7.1 of these conditions, the Customer must notify ArtFusion of this in writing (by e-mail or letter). Customer must send the artwork - after consultation with ArtFusion - to a return address determined by ArtFusion. In this case, the customer owes a contribution of at least 50% of the transport costs incurred.

7.3 If the Customer has already made any payments at the time the Customer concludes the agreement with ArtFusion in accordance with Article 7.1. and 7.2 of these General Terms and Conditions, ArtFusion will refund these payments to the Customer within fourteen (14) working days after ArtFusion has received the artwork returned by the Customer.

7.4 ArtFusion reserves the right to refuse returned works of art or to credit only part of the amount already paid if it is suspected that the work of art has been damaged due to the fault of the Customer (other than that of ArtFusion or the supplier of the work of art) . Customer is liable for damage incurred during the period in which it was available to him. ArtFusion has the right to have the damage repaired at the expense of the Customer and is entitled to offset that damage against the amount paid by the Customer, on the understanding that the recovery of the damage will not be limited to this.

7.5 If a work of art is returned that, in the opinion of ArtFusion, has suffered damage that is attributable to an act or negligence of the Customer or is otherwise at the risk of the Customer, ArtFusion will inform the Customer of this in writing (via fax, letter or e-mail). notify. ArtFusion has the right to deduct the depreciation in value of the artwork as a result of this damage from the amount to be refunded to the Customer.

7.6 ArtFusion gives no guarantee on the works of art sold through it. For complaints about a work of art, ArtFusion will refer the Customer to the artist in question and provide the Customer with the artist's address details.

Article 8 Intellectual and industrial property rights

8.1 Customer must fully and unconditionally respect all intellectual and industrial property rights attached to the goods delivered by ArtFusion.

8.2 ArtFusion does not guarantee that the goods delivered to the Customer do not infringe any intellectual and/or industrial property rights of third parties and does not accept any liability in the event of any claim from third parties based on the statement that an goods delivered by ArtFusion infringes any right of a third party.

Article 9 Retention of title

Ownership of works of art, notwithstanding the actual delivery, will only be transferred to the Customer after the Customer has fully paid all that the Customer owes in connection with any agreement with ArtFusion, including reimbursement of interest and costs, including for previous or later deliveries and any work performed or to be performed in relation to the works of art. The Customer may not tax, sell, resell, alienate or otherwise encumber the works of art before ownership has been transferred. ArtFusion is authorized, but never obliged, to deliver goods to the customer for which no payment has yet been made of the price, transport costs and/or claims due to the Customer's failure to fulfill its obligations. If ArtFusion nevertheless brings goods as referred to above into the control of the Customer, ArtFusion remains the owner of the delivered goods on behalf of the artist, until the Customer, taking into account what has been determined above with regard to payment, has settled the price, transport costs and claims as referred to above. , has fully complied. The Customer is entitled to transfer the goods subject to retention of title to third parties, provided that this is done for at least the price that the Customer owes to ArtFusion for the relevant goods and against cash, prior payment or under the stipulation of an equal retention of title. . The Customer is expressly not permitted to pledge these items to third parties or to make them available to third parties who may obtain a right of retention thereon. As long as ArtFusion is still the owner of delivered works of art, the Customer is obliged to return the goods to ArtFusion at the first request of ArtFusion by means determined by ArtFusion. After return, the Customer remains liable for the full consideration and any interest, fines and costs, which will only be deducted from any amount already received by ArtFusion as a result of ArtFusion realizing the goods. ArtFusion is not obliged to monetize this or to monetize it in any specific manner or time. Nor is ArtFusion obliged to assert its rights under the reserved property. The sale, delivery or transfer never includes any part of or right from the intellectual and industrial property rights of ArtFusion. All packaging and transport materials not intended for single use, such as pallets, pallet boxes and containers, that reach the Customer remain the property of ArtFusion and must be made available to ArtFusion by the Customer upon first request. As soon as the Customer fails to do so, he is obliged, without prejudice to ArtFusion's rights from the above, to reimburse ArtFusion for the replacement value of the relevant items.

Article 10 Liability

ArtFusion can only be held liable for damage that can be attributed to its intent or gross negligence, or that is caused by circumstances that are at its risk under mandatory legal rules. ArtFusion is never liable for consequential or business damage, indirect damage and loss of profit or turnover. If ArtFusion, for whatever reason, is obliged to compensate any damage, the compensation will never exceed an amount equal to the invoice value with regard to the artwork or service that caused the damage. ArtFusion is never obliged to pay compensation other than property and/or personal injury. The Customer is obliged to indemnify ArtFusion against any claim that third parties may assert against ArtFusion with regard to the execution of the agreement, insofar as the law does not prevent the relevant damage and costs from being borne by the Customer.

It is possible that ArtFusion includes links on its website to other internet sites that may be interesting or informative for the visitor. Such links are purely informational. ArtFusion is not responsible for the content of the website to which it is referred or the use that may be made of it. The works of art are sold in the condition they are in. If ArtFusion provides services, such as providing solicited or unsolicited advice, the following applies with regard to liability: no liability can be accepted if advice is given by or on behalf of ArtFusion. The Customer indemnifies ArtFusion against all claims that third parties may bring against ArtFusion in connection with the aforementioned advice. ArtFusion also assumes no liability for failure to provide advice in cases where the Customer believes that advice should have been given.

Article 11 Orders/communication

11.1 ArtFusion is in no way liable for misunderstandings, damage, delays or unclear clarity of orders and communications as a result of the use of the Internet or any other means of communication in the traffic between the Customer and ArtFusion, or between ArtFusion and third parties, insofar as relating to the relationship between Customer and ArtFusion.

Article 12 Complaints

12.1 All complaints relating to the delivery, quality, condition of the artwork or any other complaint will be taken seriously by ArtFusion.

12.2 ArtFusion will attempt to resolve the complaint within ten (10) working days. ArtFusion will inform the Customer about this in writing (via fax, letter or e-mail).

Article 13 Personal data

13.1 Personal data entered by the Customer will be included in a file. This data will be used for the execution of the Customer's order.

13.2 Unless the Customer has indicated that the Customer does not wish this, the Customer's data will be included in a central file of ArtFusion. This data will be used to keep the Customer fully up to date with ArtFusion's business and services. The processing of Customer data will take place in accordance with applicable laws and regulations.

13.3 If desired, the Customer can inspect the data that ArtFusion contains about the Customer's person in ArtFusion's file. Customer is entitled to request changes to the data if this data is incorrect.

Article 14 Miscellaneous

14.1 If the Customer provides ArtFusion with an address in writing, ArtFusion is entitled to send all orders to the relevant address until the Customer has provided ArtFusion with a new address.

14.2 If ArtFusion allows deviations from these General Terms and Conditions for a short or longer period of time, whether tacitly or not, this does not affect its right to demand immediate and strict compliance with the General Terms and Conditions. The Customer can never assert any rights based on the fact that ArtFusion applies these General Terms and Conditions flexibly.

14.3 ArtFusion is authorized to use third parties for the execution of the Customer's order(s).

ArtFusion Galerie is located at Arena Boulevard 58, 1101DJ Amsterdam. This is also the visiting address in case of complaints.

Article 15 Applicable law and dispute settlement

15.1 Dutch law applies to all offers, orders and agreements from ArtFusion.

15.2 Disputes between ArtFusion and the Customer will be submitted to the competent Dutch court in Amsterdam.

On all by

15.3 Dutch text prevails. The Dutch text of these general terms and conditions prevails over translations thereof.

Article 16 Guarantee

16.1 The Customer purchases the work of art in the condition it was in at the time of purchase. The Customer must inform himself in advance of the condition of the work of art.

16.2 ArtFusion guarantees the authenticity of the work of art, unless the guarantee is expressly or tacitly reserved (for example by the amount of the price paid for the work of art).

16.3 ArtFusion guarantees the Customer against damage to the work of art occurring during a warranty period of 30 days, unless the Customer or a third party is wholly or partially liable for the damage under the law. Such liability of the Customer will in any case arise in the event of incorrect or improper treatment of the work of art by the Customer or by third parties. ArtFusion is not liable for damage caused by or resulting from a defect in the framing.

16.4 Any complaints regarding non-conformity of the work of art must be communicated to ArtFusion in writing within two months after receipt or after the damage has occurred, under penalty of forfeiture of rights.

16.5 If a complaint is filed timely, correctly and in accordance with and taking into account all provisions of Articles 10 and 12, the resulting obligations for ArtFusion are as follows:
a. If, in ArtFusion's reasonable opinion, it has been sufficiently demonstrated that the artwork is damaged and that ArtFusion is liable for this, ArtFusion will have the choice:
i. To supply the damaged work of art new free of charge upon return of the damaged work of art;
ii. Repair the artwork in question;
iii. To grant the Customer a discount on the purchase price to be determined by mutual agreement.
By fulfilling one of the aforementioned performances, ArtFusion will have fully discharged its obligations towards the Customer;
b. If, in the reasonable opinion of ArtFusion, it has been sufficiently demonstrated that the work of art is not genuine contrary to a declaration of authenticity in accordance with the provisions of 10 paragraph 2, the Customer is exclusively entitled to a refund of the purchase price paid for the work of art - without any compensation for any lost interest or otherwise - against simultaneous return of the artwork to ArtFusion, provided that the Customer returns the artwork in the same condition as it was in at the time of delivery of the artwork. By refunding the purchase price, ArtFusion will have fully discharged its obligations towards the Customer. If the Customer cannot return the artwork in the same condition as it was in at the time of delivery of the artwork, the Customer's claims lapse and ArtFusion is not obliged to make a refund.6. In the event that ArtFusion carries out repair work on a work of art, this work of art remains at the risk of the Customer. Until the time at which ArtFusion has taken back a work of art in accordance with the provisions of paragraph 5 of this article, this work of art also remains at the risk of the Customer.