General terms and conditions of Umo Art Gallery.
IBAN: DE79 4016 4024 4052 2719 00
Article 3 - Applicability of these terms and conditions
These terms and conditions shall apply to all agreements concluded between Umo Art Gallery and a customer, as well as to all offers made by Umo Art Gallery to a customer to enter into such an agreement.
Umo Art Gallery explicitly rejects any reference to general purchasing conditions, however named.
Article 4 - Conclusion of the agreement
The agreement comes into effect after the customer has confirmed his order, which can be made online or offline, and Umo Art Gallery has accepted this order.
Should Umo Art Gallery not accept the order, Umo Art Gallery will delete the material submitted electronically by the customer.
The rights of an agreement are not transferable by the customer to third parties.
Changes to an already concluded agreement can only be agreed in writing or by electronic means.
Article 5 - Prices
The prices charged by Umo Art Gallery are listed on the website and are inclusive of VAT, exclusive of shipping costs. The order by the customer shall be deemed to imply the customer's agreement with the price applicable to the product at the time of dispatch of the order.
During the validity period stated in the offer, the prices of the products offered will not be increased, except for price changes due to changes in VAT rates.
Article 6 - Payment
Payment must be made by transferring the invoice amount to the name of Umo Art Gallery in Culemborg.
- IBAN number: DE79 4016 4024 4052 2719 00
- BIC: GENODEM1GRN
The customer can, if he wishes, pay in advance. This can also be done by means of iDEAL.
The product delivered by Umo Art Gallery will remain the property of Umo Art Gallery until the full purchase price has been paid by the client.
Article 7 - Delivery
The entrepreneur will take the utmost care when receiving and executing product orders and when assessing requests for the provision of services.
The place of delivery is the address that the consumer has made known to the entrepreneur.
Article 8 - Delivery time
The product has a delivery period of 21 days. This is counted from the date of receipt of the order, or from the day of receipt by Umo Art Gallery of payment by the client of the agreed price including VAT and additional costs.
If payment on account is expressly agreed upon, the delivery time shall start to run from the day after Umo Art Gallery sends confirmation of the acceptance of the order.
The delivery time mentioned in paragraph 1 does not concern a fatal delivery time. If Umo Art Gallery fails to deliver within this delivery period, Umo Art Gallery shall only be in default after the client has given Umo Art Gallery notice of default in writing or electronically, granting Umo Art Gallery a final deadline for fulfilment of at least fourteen days and Umo Art Gallery has failed to perform within this period.
Article 9 - Default/Liability
If Umo Art Gallery defaults on the performance of the agreement, the client shall have the right to dissolve the agreement. In the event of dissolution, Umo Art Gallery shall immediately refund to the client any price paid in advance.
In case Umo Art Gallery has defaulted on fulfilment of the agreement and the client does not dissolve the agreement on that ground but demands fulfilment, Umo Art Gallery shall have the right to replace any faulty product already delivered or to opt for a refund of the purchase price. In the latter case, the agreement shall be deemed dissolved.
The customer must check the delivered product for defects immediately after delivery. Any defects in the product delivered must be reported by the client to Umo Art Gallery in writing or electronically, if possible immediately after delivery. After this period has expired, the delivered product shall be deemed to comply with the agreement concluded between Umo Art Gallery and the client.
Article 10 - Material made available
The client puts the material at the disposal of Umo Art Gallery at his own risk. The material will remain the property of the customer.
Umo Art Gallery shall treat the material made available with all due care, which can reasonably be expected from Umo Art Gallery. In the event of accidental loss of or damage to the material, Umo Art Gallery shall not be liable for any damage suffered by the client, except in the event of intent or gross negligence on the part of Umo Art Gallery, unless Umo Art Gallery is entitled to receive insurance proceeds under an insurance policy taken out by Umo Art Gallery. In the latter case, the liability of Umo Art Gallery shall be limited to the amount paid out by the insurer to which the insurance policy gives the right. Umo Art Gallery is under no obligation to take out such insurance, except when explicitly agreed upon with the client.
The client is responsible for the quality of the material made available. Umo Art Gallery shall not be liable for any damage to the material placed at the client's disposal, if such damage has occurred because Umo Art Gallery relied on incorrect and/or incomplete information provided by the client with regard to the nature, content, composition and/or scope of the material.
Article 11 - Intellectual property rights
Upon acceptance of an order, Umo Art Gallery accepts no liability for infringement of any intellectual property right of third parties. In the event Umo Art Gallery is sued by third parties for infringement of any intellectual property right, the client shall indemnify Umo Art Gallery for all damages suffered by Umo Art Gallery as a result thereof, including those for which Umo Art Gallery is sued by third parties and including costs caused to Umo Art Gallery.
Article 12 - Applicable law and competent court
All our offers and agreements concluded with the customer shall be governed by Dutch law.
Article 13 - Additional or different provisions
Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored in an accessible manner by the consumer on a durable data carrier.