1. Interpretation
1.1. In these Terms and Conditions
“Customer” means the person whose order for the Goods is accepted by the Seller (online through the website or in person) or the person who accepts a quotation of the Seller for the sale of the Goods. “In person” means a sale other than through the online website or links and extensions of the main website.
“Goods” means the antique(s) and/or work(s) of art which the Seller is to supply in accordance with these Conditions;
“Seller” means Verkoulen Oriental & European Antiques v.o.f.
“Conditions” means these terms and conditions of sale and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Customer and the Seller; “Contract” means the contract for the sale and purchase of the Goods;
“Writing” includes written electronic communication but does not include telephonic contact.
“Payment” means (1) a payment made through the website’s system available methods or (2) a payment made by an in person sale via bank-transfer or other mutual agreed method.
1.2. Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
1.3. The headings in these Conditions are for convenience only and shall not affect their interpretation.
2. Basis of the Sale
2.1. These Conditions shall apply to the Contract and govern the Contract to the exclusion of any other terms and conditions which the Customer may purport to apply under any purchase order, confirmation of order or similar document.
2.2. All orders for Goods shall be deemed to be an offer by the Customer to purchase Goods pursuant to these Conditions.
2.3. No variation to these Conditions shall be binding unless agreed in Writing by the Seller.
2.4. The Seller’s employees or agents are not authorized to make any representations concerning the Goods unless confirmed by the Seller in Writing. In entering into the Contract the Customer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed.
2.5. Any typographical, clerical or other error or omission in any quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller. The customer disadvantaged because of this has the right to cancel the order free of charge after contacting the Seller in Writing within 3 business-days.
3. Orders
3.1. No order submitted by the Customer shall be deemed to be accepted by the Seller unless and until confirmed in Writing by the Seller’s authorised representative.
3.2. No order which has been accepted by the Seller may be cancelled by the Customer except with the agreement in Writing of the Seller and on terms that the Customer shall indemnify the Seller in full against all loss (including loss of profit), costs, damages, charges and expenses incurred by the Seller as a result of cancellation.
3.3. The Seller remains the right to correct any typographical, clerical or other error or omission in any quotation, invoice or order conformation.
3.4. The Customer should check the invoice and inform the Seller of any dispute within 3 business-days of receipt.
4. Price of the Goods
4.1. The price of the Goods shall be that stated on the invoice, with the exception of what is stated in 2.5 the right to modify price is reserved.
4.2. All prices are stated in Euros, inclusive of VAT and shipping costs unless stated differently in the information regarding the product(s) ordered. VAT is not split up due to use of margin scheme. The customers will be responsible and liable for all international custom, duty and tax charges that applies to the country of destination such as import costs.
5. Terms of payment
5.1. The order shall be paid immediately by the Customer by ordering the Goods through the website’s payment system via bank transfer to the Seller’s Dutch bank-account. Payments shall be made without any set-off, discount and/or suspension.
5.2. The invoice of the Customer who buys in person should be payed at the latest within 14 days from invoice date. Payments shall in this case be made via bank transfer to the Seller’s Dutch bank-account or in agreement in cash.
5.3. Supply or shipment of the Goods ordered will only take place after such payment has been received by the Seller.
5.4. A payment has not been made if the amount is later refunded via the bank or (bank)system of the chosen payment method on the website.
5.5. The property in the Goods shall not pass to the Customer until the Seller has received the Payment in full of the price of the Goods and all other goods agreed to be sold by the Seller to the Customer for which payment is then due.
5.6. In the event that the Customer fails to transfer an order or amount due on the due date, the Seller has the right to count legal interest for the outstanding amount charge the Customer interest both before and after any judgment.
5.7. Should the Customer fail to settle the claim after notice of default, Customer shall be liable to pay in full extrajudicial (collection) costs in addition to the total amount then due.
5.8. In the event that customer fails to in according to 5.1 and 5.2 the Seller shall also be entitled (without prejudice to its other rights) to:
(I) suspend the execution of any agreement.
(III) shall be entitled to charge customer with the costs which may have been incurred in this connection.
(II) suspend any further deliveries to the Customer.
6. Delivery and shipment
6.1. The Seller ensures delivery by means of a carrier of the choice made by the Costumer through the available options at the check-out webpage. Any other shipping method or shipment after an in person sale, will only be effected after mutual agreement between the customer and Seller.
6.2. The Seller obliged the Costumer through the website check-out page to make the choice of an insured shipment. The Seller does not send Goods uninsured.
6.3. Discounts or free shipping are stated by the Seller through the website and are valid while the offer lasts.
6.4. Any mentioned delivery periods are considered as an indication and not as an exact period. The Seller cannot be held responsible for any damages as a result of delayed delivery terms.
6.5. The Seller is not responsible for any liability or problems with the sending after they have been delivered at the courier services. Both Seller and Costumer have the mutual obligation to cooperate if there are problems with the sending such as contacting the shipping company, contacting customs of their country and taking the actions advised by the shipping company.
6.6. The Customer is responsible for international custom, duty and tax charges.
6.7. The Customer has their own responsibility to take the delivery of the Goods.
6.8. The Seller reserves the right to suspend an order of Goods if the Seller is delayed, hindered or prevented from making delivery to the customer of the items by any computer problem including force majeure. In these circumstances the Seller shall not be liable to the Customer for any losses incurred by the Customer howsoever arising.
6.9. If the Seller is disproportionate hindered or prevented from making delivery the customer shall be entitled to cancel the order in Writing if there cannot be found any solution. The Customer shall be refunded any payments of the order which has been cancelled.
This provision shall not apply for (i) other reason than any cause beyond the Seller’s reasonable control or the Customer’s fault or (ii) if the order has been send.
7. Retour sending and refunds
7.1. Items can be returned to the Seller without statement of reason within 14 days of reception if the Goods are bought through the website. The Costumer has to inform the Seller in Written of the return.
7.2. The Seller shall only accept items returned if and insofar as the Customer has been permitted to do so.
7.3. Freight charges for returned Goods are at the sole cost of the Costumer. The Costumer has the obligation to insure the sending now the property and risk lies with the buyer. Damage occurring during return shipment will be the responsibility of the Customer.
7.4. In no event the Seller has the obligation to accept the exchange of Goods that has been processed, treated, adapted or damaged through the customer’s actions or omissions. There is as well no obligation to accept the exchange of Goods if the Goods in the return sending are processed, treated, adapted or damaged due to the courier or shipping process. In the last event the Customer and the Seller have an obligation to look for a customized solution.
7.5. The Seller is entitled to full compensation for the loss of value as well as compensation for incurred costs and consequential damage if it appears that the return Goods are processed, treated, adapted or damaged and nevertheless accepted as a returned goods.
7.6. The Seller has nor the obligation to accept returns that are damaged due to transportation incidents or carless packaging.
7.7. The right of return and refunds as described in this paragraph do not apply to:
(i) a sale of Goods in a business-to-business relation.
(ii) a sale of Goods outside the European-Union.
8. Risk
8.1. As soon as Goods come within Customer’s actual power to dispose them or within the actual power to do so of an auxiliary person used by Customer, including the moment of delivery by or on behalf of the Seller, the goods delivered shall be for Customer’s risk.
8.2. Storage at the Seller is only possible after a Written request, at the customer’s risk and cost.
9. Property
9.1. The property in the Goods shall not pass to the Customer until the Seller has received the Payment in full of the price of the Goods and all other goods agreed to be sold by the Seller to the Customer for which payment is then due.
9.2. Until such time as the property in the Goods passes to the Customer, the Customer shall hold the Goods as the Seller’s fiduciary agent and bailee.
9.3. Until such time as the property in the Goods passes to the Customer the Seller shall be entitled at any time to require the Customer to deliver up the Goods to the Seller and, if the Customer fails to do so forthwith, to enter upon any premises of the Customer or any third party where the Goods are and repossess the Goods.
10. Warranties and liability
10.1. Any representation or statement by the Seller as to the authorship, origin, date, age medium, attribution, authenticity, provenance or condition is a statement of opinion only based on the generally accepted opinion of scholars and experts current at or about the time of sale. Therefor the Seller does not have the absolute truth and cannot held liable against claims of this nature.
10.2. Seller accepts no liability as a result of any changes in expert opinion or scholarship which may take place subsequent to entry into this agreement.
10.3. In the case of any dispute regarding to the authorship, origin, date, age medium, attribution, authenticity, provenance or condition the Seller will make effort to find a suitable solution. The Customer has the obligation to inspect the Goods after or at the delivery date. Where the deviation is not readily discernible, the Seller has 14 days time for inspection after the date under the conditions of the normal return policy only applicable to EU-union costumers.
10.4. Besides the information as specified online, normal and usual tolerances apply with respect to all items offered. Images shown on the website only give a good impression of the item offered, but there can be small deviation, which applies particularly to nuances in the stated color of products. Small deviations of the descriptions and/or images do not dismiss the Customer of its obligations from this agreement.
10.5. The Seller holds no responsibility or liability for any damage caused differently than by its own actions or serious blame which should be proved by the customer and is only to a maximum of the value of the works or delivery, or a proportional part of it.
10.6. The Customer is obliged to safeguard and indemnify the Seller of all damage claims of third parties which may be a result of the Contract with the Seller.
10.7. The Seller cannot be held liable for any incidental, indirect, exemplary, punitive and consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the website, services, content or information whether based on warranty, contract, tort, delict, or any other legal theory, and whether or not the Seller is advised of the possibility of such damages.
11. Waivers
11.1. The Sellers rights and remedies shall not be prejudiced by any indulgence or forbearance to the customer and no waiver by the Seller of any breach by the customer shall operate as a waiver of any subsequent breach.
12. Copyright
12.1. All copyright in material relating to the Work vesting in Seller shall remain Seller’s. Seller reserves the right to exploit all such copyright.
13. General
13.1. If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
13.2. The Contract shall be governed by the laws of The Netherlands.
13.3. The Buyer submits to the exclusive jurisdiction of the Dutch Courts (As stated in for example article 3 of the Convention on Choice of Court Agreements, The Hague, 30-06-2005)