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Terms of delivery

- Terms of delivery for artworks by Janneke van Genugten Schilderingen -

General Provisions

  1. The client is the person who buys any form of art, or gives an order to produce a work of art with the aim of acquiring ownership of said work of art, and is referred to in these terms and conditions as the buyer/client.
  2. The artist is Janneke van Genugten Schilderingen.
  3. These delivery terms and conditions, with the exclusion of purchase terms and conditions or other terms and conditions of the client, apply to the formation, content and performance of all agreements concluded between the client and the artist.

Price quote

  1. Quotations are without obligation and are valid for 2 months. The mentioned prices, rates and offers do not automatically apply to future assignments.
  2. Quotations by the artist are based on the information provided by the client. The client guarantees that he has provided all essential information for the design, execution and completion of the assignment in time and truthfully.
  3. Copyright is not included in quotations.

Purchase and/or order confirmation

  1. Purchases/orders must be mutually confirmed in writing or by e-mail stating the agreed price, the content of the purchase/order and the delivery period.
  2. The buyer/client and artist undertake to maintain the confidentiality of all confidential information that they have received from each other or from another source in the context of the agreement. Information is considered confidential if this has been reported by the other party or if this results from the nature of the information.

Implementation

  1. The artist will inform the buyer/client in advance of the delivery conditions to be set by her.
  2. The artist will make every effort to perform the assignment carefully and to strive for a result acceptable to the client. To the extent necessary, the artist will keep the client informed of the progress of the work.
  3. A period specified by the artist for the completion of the work of art has an indicative purpose, unless the nature or content of the agreement shows otherwise. In the event that the specified period is exceeded, the client must give the artist a notice of default in writing or by mail.

Sketches and designs

  1. If the buyer/client requires a variant of the first design, or one or more new designs, these extra activities will be charged separately to him.
  2. All designs and sketches remain the intellectual property of the artist, with the exclusive right to publication and exploitation. Designs also remain her material property, unless expressly agreed otherwise. The artist supplies her designs and sketches solely to give an impression of a work to be delivered or to be executed, provided with a written estimate of the implementation costs.

Delivery

  1. The artist must deliver the artwork to be delivered by her at the agreed time as stated in her order confirmation. If unforeseen circumstances require deviation from this, the artist must inform the buyer/client in writing or by e-mail in a timely and reasoned manner.
  2. The buyer/client is obliged to receive the artwork commissioned by him and to assess it for approval as soon as possible after completion. Unless otherwise agreed, the buyer/client must make it possible for him to receive the delivery on time. If this requirement cannot be met he must inform the artist in time and provide an explanation.
  3. The delivery period agreed with the artist can never be regarded as a strict deadline by the buyer/client, unless the contrary has been explicitly agreed to by both parties in writing or by email.

Payments

  1. The artist is entitled to claim payments in several instalments.
  2. The buyer/client must make his payments within fourteen days after the date of the invoice, which is in accordance with the commission agreement sent to him by the artist. Objections to the amount of the invoices do not suspend the payment obligation.
  3. In the event that the payment term is exceeded, the buyer/client owes statutory interest until the full amount has been paid. If the payment term is exceeded, the artist may suspend her work until the time when the buyer/client has paid the amount due, plus interest. Payments are deemed to have been made when the artist has received the full amount.
  4. Extra costs that arise as a result of the collection of the amount due and not paid on time by the buyer/client are for the account of the buyer/client.

Additional costs

  1. Changes in the commission by the client that could not be foreseen by the artist and cause additional work will be paid by the client to the artist in accordance with the rate agreed in the agreement. There is also additional work if, as a result of the provision of incorrect or incomplete data by the client, the contractor must re-organize her planned work. The contractor will charge the client for the costs of additional work on the basis of actual costs.

Complaints

  1. Complaints must be sent to the artist in writing, with explanation, within seven days after receipt of the artwork supplied.
  2. After the period of seven days after completion of the assignment, the client is deemed to have fully accepted the result of the assignment. After that, a possible complaint will no longer be treated as such by the artist. If, in a special case, that period for the buyer/client needs to be extended, the artist could reasonably allow a longer maximum period of another seven days.
  3. The buyer/client must base his complaint on the information stated in the order confirmation. The buyer/client may not reject an artwork without inviting the artist to explain her artwork orally.
  4. If, up to maximum eight days after receipt of the artist's invoice, the buyer/client has not made a written objection to the calculated amount, he will be deemed to have accepted and approved the invoice.

Cancellation

  1. In the event that a purchase/assignment agreement is cancelled by the buyer/client, while the artist has already reached an advanced stage in the preparatory work and/or the execution of the assignment and/or commitments with third parties, the buyer/client will be obliged to pay to the artist the entire sum of all costs involved in the creation of the work of art.
  2. If due to force majeure the artist cannot fulfil her obligations under the purchase/commission agreement, these will be postponed until the force majeure situation has ended. If after three months the artist is not yet able to meet her obligations and the delivery of the work does not allow a longer delay, the buyer/client is entitled to cancel the agreement, whereby he is obliged to pay the work performed by the artist up until that moment and the associated costs.
  3. In the event of a situation of deferral or bankruptcy of the buyer/client, the artist is entitled to cancel the agreement immediately and by registered letter, enclosing the invoice for the costs of work already performed and the costs incurred up to that time.

Guarantees and indemnities

  1. The artist is entitled to sign her work and to provide it with a title and/or code.
  2. The client indemnifies the artist or persons engaged by the artist for the assignment against all claims from third parties arising from the applications or use of the result of the assignment.
  3. The client indemnifies the artist against claims relating to intellectual property rights on materials or data provided by the client, which are used in the execution of the assignment.

Liability

  1. The artist is not liable for damage of any nature whatsoever caused by the artist relying on incorrect and/or incomplete information provided by or on behalf of the client.
  2. The artist's liability is in any case always limited to the amount of the agreed assignment/purchase.
  3. The artist is never liable for indirect damage, including consequential damage, lost profit, lost savings and damage due to business disruption.

Withdrawal
Delivery of products:

  1. In the event of a purchase, a consumer has the possibility to dissolve the agreement for 14 days without giving any reason. This period commences on the day following receipt of all products by the consumer or a by the consumer announced representative.
  2. During the reflection period, the consumer shall handle the product and the packaging with care. He will only unpack or use the product to the extent necessary in order to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will have the product and if reasonably possible- in the original condition and packaging returned to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
  3. If the consumer wants to use his right of withdrawal he is obliged to make this known to the entrepreneur within 14 days of receipt of all the products. The consumer can do this by means of the standard form. After the consumer expressed wanting to make use of his right of withdrawal, the consumer shall return the product within 14 days to the entrepreneur. The consumer must prove that the products are returned in a timely manner, for example by means of a proof of mail delivery.
  4. If the consumer at the end of the statutory period in paragraph 2 and 3 of this article has not expressed to want to make use of his right of withdrawal or the product has not been returned to the entrepreneur, the sale is a fact.The client is not permitted to transfer any rights from an agreement concluded with the artist to third parties.

Costs in case of right of withdrawal

  1. If the consumer exercises his right of withdrawal, the costs of return are entirely for the account of the consumer.
  2. If the consumer has paid an amount, the entrepreneur shall ensure that within 14 days after the consumer expressed wanting to make use of his right, .the full amount is refunded to the consumer. The consumer must prove that the delivered goods are returned, for example by means of a proof of mail delivery
  3. In the event of damage to the product due to improper handling by the consumer himself, the consumer is liable for any depreciation of the product.
  4. The consumer cannot be held liable for a depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, this must be done before the conclusion of the purchase agreement.

Exclusion of the right of withdrawal

  1. The entrepreneur can exclude the right of withdrawal of the consumer as far as provided for in paragraph 2 and 3 of this article. The exclusion of het right of withdrawal is valid only if the entrepreneur states this clearly in the offer, at least in time for the conclusion of the agreement.
  2. Exclusion of the right of withdrawal is only possible for products:
    a. That the entrepreneur has established 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 rapidly decay or become absolute;
    e. The price of which is subject to fluctuations on the financial market on which the entrepreneur has no influence;
    f. For individual newspapers and magazines;
    g. For audio and video recordings and computer software whose the consumer has broken the seal;
    h. Hygiene products that are sealed and who’s the consumer has broken the seal.
  3. Exclusion of the right of withdrawal is only possible for services:
    a. on accommodation, transport, restaurant or leisure that has to be carried out on a certain date or during a given period;
    b. services which the delivery with the express consent of the consumer started before the cooling off period has expired;
    c. Betting and lotteries.

Other provisions

  1. The client is not permitted to transfer any rights from an agreement concluded with the artist to third parties.
  2. The parties are obliged to treat facts and circumstances which become known to the other party in the context of the assignment as confidential. Third parties who are involved in the execution of the assignment will be bound to a same confidential treatment with regard to these facts and circumstances derived from the other party.
  3. The law of the Netherlands applies to the agreement between the artist and the client. The judge competent to hear disputes between the artist and the client is the competent judge in the district where the artist is located, or the judge competent by law, this at the artist's discretion.
  4. The material ownership of the work of art does not give the owner the right to singular or multiple reproduction of the artwork or any other form of exploitation. Pursuant to the Copyright Act 1912, this right is reserved exclusively for the artist, unless otherwise agreed with the artist in advance.

Withdrawal form

- Appendix to the Terms of delivery -

Reproductions


You must check the reproduction personally for any damage upon receipt. For this you must remove it completely from the packaging. If the reproduction appears to be damaged, please contact me immediately but, in any case, within seven days after delivery.

The reproduction should be hung in the intended place as soon as possible. The reproduction is printed on a 12mm-thick birch multiplex plate. To prevent curvature or warping, do not stand the reproduction upright or obliquely. If you are unable to hang it immediately, unpack the reproduction in its entirety (including the removal of the corner protectors) and lay it on a flat surface on a thin soft cloth or sheet in a dry room to protect it from dampness.

The reproductions are not suitable for hanging outdoors, not even under a porch, as it may warp/expand due to moisture. The same applies to hanging the reproduction in a bathroom or kitchen; the reproduction does not tolerate moisture.

It is better not to clean it with a damp cloth but rather with a dry cloth or feather duster.

In order to hang and display the reproduction safely, it is best to use so-called slotted thumbs: a screw with a hook-shaped/upright section. You attach the slotted thumbs to the wall with a plug and hang the reproduction with the hooks on the back.

When you place an order for a reproduction or painting, it is necessary to pay the entire amount before delivery.

Original paintings on scaffolding wood


The paintings on scaffolding wood are suitable for hanging both indoors and outdoors under a protective roof. They should, however, be protected against humidity and shielded from direct sunlight. If desired, a layer of varnish may be applied, which will make them less susceptible to influences of the weather. Because of its heavy weight, the painting should be hung with so-called slotted thumbs (the heavier ones) that must be attached to the wall with plugs. The painting should be properly and carefully hung to prevent it from falling.

Because scaffolding wood is a natural type of wood it is susceptible to either shrinkage or swelling, depending on the temperature and humidity of the room where the work is installed.  

When you place an order for an original painting on scaffolding wood, you will be required to pay 25% of the agreed total amount as an advance deposit, unless otherwise agreed.

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