General terms and conditions

GENERAL TERMS AND CONDITIONS FOR THE SUPPLY AND PRODUCT INFORMATION OF PAINTINGS TO CONSUMERS

From: Anima Art – Canadalaan 9 – 4631NT Hoogerheide, hereinafter referred to as: user.

Article 1: General

1.1. These terms and conditions apply to every offer, quotation, and agreement between Anima Art (user) and the consumer, to which the user has declared these terms and conditions applicable.

Article 2: Offers and quotations

2.1. All offers and quotations are non-binding and made in any written form.

2.2. The user is only bound by offers and quotations if the acceptance by the consumer, preferably in writing, takes place within 30 days. The prices stated in a quotation include VAT, unless otherwise indicated.

2.3. The user cannot be bound by their offers and quotations if the consumer, based on principles of reasonableness and fairness and generally accepted standards, should have understood that the offer or part of it contains an obvious mistake or clerical error.

2.4. Unless otherwise agreed, delivery takes place ex-warehouse of the user. If the user has provided a delivery term, this is indicative.

2.5. Unless otherwise agreed, the order comes into effect when 50% of the total invoice amount is paid via bank or giro through a partial invoice. This is customary for custom-made items.

2.6. If products or services are provided other than under point 5, a deposit may be requested.

Article 3: Formation and execution of the agreement

3.1. The agreement between the consumer and the user is established at the moment they sign a written agreement, or when the consumer confirms the order via email and/or after a deposit (see Article 2, sections 5 and 6).

3.2. The assignment will be executed when the partial invoice has been paid.

3.3. The user will execute the agreement to the best of their knowledge and ability, and in accordance with the standards of good craftsmanship, based on the knowledge available to the user at that time.

3.4. If and insofar as the proper execution of the agreement requires it, the user has the right to have all or part of the agreed work performed by third parties.

3.5. The consumer ensures that all conditions indicated by the user, or those that the consumer should reasonably understand to be necessary for the execution of the agreement, are met.

Article 4: Warranty

4.1. The user guarantees that the delivered goods meet the usual requirements and standards that can be imposed on them, for a duration of 6 months.

4.2. The warranty does not apply if the defect arose as a result of improper or inappropriate use or if, without written consent from the user, the consumer or third parties have made or attempted to make changes to the item, or if it has been used for purposes other than those for which it was intended.

4.3. If the delivered item does not conform to what was agreed and this non-conformity constitutes a defect under the product liability regulations, the user is not liable for any resulting consequential damage.

4.4. The consumer must be aware of the following: products delivered by the user are often made or finished with natural materials, which may shrink, expand, or weather over time due to climate fluctuations and usage. Such changes over time in delivered goods do not constitute grounds for holding the user liable in any way.

Article 5: Payment

5.1. Unless otherwise agreed, payment must be made in cash upon delivery.

5.2. If payment is not made in cash, it must be made within 30 days of the invoice date, in a manner indicated by the user, and in the currency in which the invoice is issued.

5.3. Objections to the amount of the invoices do not suspend the payment obligation.

5.4. After 14 days from the invoice date, the consumer is legally in default; the consumer will owe interest on the outstanding amount at a rate of 1% per month unless the statutory interest rate is higher, in which case the statutory rate applies.

5.5. If the consumer remains in default after a formal demand for payment, the claim may be passed to a collection agency. In that case, the consumer is also obliged to pay full compensation for extrajudicial collection costs.

5.6. Every payment by the consumer will first be used to settle any outstanding interest and collection costs, and then to reduce the principal amount, regardless of the payment description.

Article 6: Delivery

6.1. Unless otherwise agreed, delivery takes place ex-factory/store/warehouse of the user.

6.2. If the user has provided a delivery term, it is indicative. A stated delivery time is therefore never a strict deadline. However, the final delivery time will never exceed the stated time by more than one week unless there is force majeure. In case of exceeding a term, the consumer must notify the user in writing of the default.

Article 7: Samples and models

7.1. If a model or sample has been shown or provided to the consumer, the user guarantees that the item conforms to it, unless the provision or display was intended as an indication.

7.2. When creating models from natural materials, slight variations in color/texture may occur.

Article 8: Indemnifications

8.1. The consumer indemnifies the user against claims from third parties regarding intellectual property rights on materials or data provided by the consumer used in the execution of the agreement.

8.2. If the consumer provides the user with data carriers, electronic files, or software, they guarantee that these are free of viruses and defects.

Article 9: Intellectual property and copyrights

9.1. Notwithstanding the provisions in these general terms and conditions, the user reserves the rights and powers granted under the Copyright Act.

9.2. The consumer is not allowed to make changes to the items unless the nature of the delivered item dictates otherwise or if agreed upon in writing.

Article 10: Disputes

10.1. The court in the district where the user is established has exclusive jurisdiction to hear disputes unless the subdistrict court is competent. Nevertheless, the user has the right to submit the dispute to the legally competent court.

10.2. Parties will only appeal to the court after they have made every effort to resolve a dispute through mutual consultation.

Article 11: Amendment and dissolution of the agreement

11.1. The consumer is only authorized to dissolve the agreement if the user, after a proper and as detailed as possible written notice of default, with a reasonable term to remedy the failure, fails to fulfill essential obligations under the agreement, and would be liable under the agreement.

11.2. If the user is liable to the consumer and/or bound to performance, the user is only obliged to perform if this can reasonably be expected from them. If the user fails and performance can no longer reasonably be required, they may terminate the agreement. The user will never be liable for any compensation due to this termination.

11.3. The user may terminate the agreement by written notice with immediate effect if the consumer applies for or obtains a moratorium, is declared bankrupt, or becomes insolvent, or if the consumer's business is liquidated or terminated.

11.4. Amounts invoiced by the user related to what has already been performed or delivered under the agreement remain due and payable immediately upon termination.

Article 12: Applicable law

12.1. Dutch law applies to every agreement between the user and the consumer. The Vienna Sales Convention is expressly excluded.

12.2. In the event of interpretation of the content and scope of these general terms and conditions, the Dutch text shall always be decisive.