ARTIST FREDERIEKE WESTERVELD (hereinafter “ARTIST”) operates a platform for the sale of sculptures in limited edition (hereinafter referred to as “GOODS”) at https:freakstyleart.com (hereinafter “WEBSITE”), with ARTIST acting as seller and contracting party.
The business relationship between ARTIST and the ordering party shall exclusively be governed by the following Terms and Conditions, as amended when the order is placed. Deviating terms and conditions of the ordering party shall not be applicable. These Terms and Conditions shall form an integral part of each contract concluded with ARTIST. With the placement of the order the ordering party agrees with these Terms and Conditions and accepts to be bound by them.
With the placement of the order the ordering party expressly acknowledges that the quality of the GOODS depends on the material specified on the WEBSITE and that due to the production, minor variations in colour, format and in the quality of material used may occur compared to the samples displayed on the WEBSITE. With the placement of the order the ordering party also expressly acknowledges that the GOODS will inevitably be subject to a product-specific and natural change which may be accelerated by environmental impacts and inappropriate storage or care. These minor variations and/or these changes do not affect the fact that the GOODS are consistent with the terms of the contract and, especially, do not render the GOODS defective.
Unless otherwise stated, prices indicated for the GOODS are “ex works” plus packaging prices inclusive delivery costs for the ordered GOODS.
Conclusion of Contract and Delivery
The presentation by ARTIST of GOODS on its WEBSITE or elsewhere shall not constitute an offer for sale, but shall be deemed an invitation to the ordering party to submit a purchase offer. ARTIST does not warrant that the GOODS presented by it are ready for delivery at any time.
Offers to buy shall be submitted online, using the order form made available by ARTIST. The ordering party is obliged to provide the information requested in the order form truthfully and completely. Any damage caused by false or incomplete information shall be reimbursed by the ordering party.
Orders are accepted only from persons who are of age and only at the current prices and terms indicated on the WEBSITE from time to time.
The ordering party will receive confirmation of ARTIST’S receipt of the order.
Orders are executed within 4 working days after their receipt. Any information about specific delivery periods given in a particular case shall always be non-binding, and delays due to difficulties in delivery cannot be ruled out.
Should ARTIST not be able to execute an order within 4 working days because the ordered GOOD is not available, or should ARTIST not accept an order for any other reason, ARTIST will promptly give notice to the customer and will refund any payments already made by that customer.
Payment of the purchase price shall be made using any of the credit cards indicated on the WEBSITE, or by means of a Paypal transaction or bank transfer.
Right of Rescission
The ordering party may rescind the contract within 7 calendar days after receipt of the GOODS; this time limit is complied with if the ordering party sends the letter of rescission within that period.
In case of rescission, the ordering party shall return to ARTIST the GOODS in their original packaging, postage prepaid, ready for resale, undamaged and unused. The GOODS are returned at the ordering party’s risk. The ordering party shall pay a reasonable compensation in case it has used the GOODS. In case of any deterioration or loss of the GOODS prior to their return, the ordering party shall reimburse that impairment or the value of the GOODS.
Warranty and Liability
Unless otherwise provided below, the statutory warranty and damages provisions shall apply.
ARTIST disclaims any liability for the variations and changes referred to in Section “Goods” of these Terms and Conditions.
In case of damaged or incomplete deliveries, a confirmation of the deliverer must be obtained. Should the GOODS be defective upon their arrival at the ordering party despite flawless packaging, the ordering party shall promptly notify ARTIST. Defective GOODS shall be returned to ARTIST in their original packaging.
ARTIST shall not be liable for either technical failures during the operation of the WEBSITE, or for any content on the WEBSITE or on hyperlinked websites, or for damage caused by having visited the WEBSITE or any of the hyperlinked websites.
The GOODS sold by ARTIST are protected by copyright worldwide and are made available to the ordering party for its personal use and for resale only. However, the ordering party shall not reproduce, make available to the public in whatever form, otherwise (other than by resale) distribute the GOODS, or procure such reproduction, such making available or such distribution by third parties. The same applies also to the WEBSITE and its contents.
With the placement of the order the ordering party expressly agrees that ARTIST will use the ordering party’s name, address, phone number, and e-mail address as well as its previous orders to process the relevant order and to send newsletters and catalogues electronically or by mail. These data will be disclosed to third parties only to the extent necessary for the processing of the order, i.e. to the relevant producer of the GOODS, to the forwarding agent, the carrier or the postal service. The ordering party may revoke its consent at any time by giving an e-mail notice to firstname.lastname@example.org
Place of Performance, Jurisdiction, Applicable Law
Place of performance and place of jurisdiction shall be Doetinchem. The contractual relationship shall be governed by and construed in accordance with international law.
Should any of these Terms and Conditions be or become invalid, this shall not affect the validity of the remaining terms hereof.