General terms and conditions
General terms and conditions of Umo Art & Design.
Table of contents
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability of these general terms and conditions
Article 4 - Conclusion of the agreement
Article 5 - Prices
Article 6 - Payment
Clause 7 - Delivery
Article 8 - Delivery time
Article 9 - Default/liability
Article 10 - Material made available
Article 11 - Intellectual property rights
Article 12 - Applicable law and competent court
Article 1 - Definitions
- Client: a natural person of 18 years or older or a legal entity with whom Umo Art & Design has concluded an agreement for the delivery of its product, or to whom Umo Art & Design has made an offer for the delivery of such product.
- Product: reproduction on textile fabric, stretched on a wooden stretcher frame, unframed, made to an individual, personal order, of an image from the Umo Art & Design image archives or of an image supplied by the client and/or any other material offered by Umo Art & Design.
- Image archive: all images, whether or not shown on the website of Umo Art & Design, with regard to which Umo Art & Design holds the exclusive or non-exclusive rights.
- Umo Art Gallery: Umo Art & Design, established in Culemborg, the user of these general conditions, registered in the trade register of the Chamber of Commerce under number 71201041.
- Conditions: the present general terms and conditions.
- Website: the website of Umo Art & Design to be found at www.umoartdesign.com/en/
- Material: information carriers and/or physical documents, including photographs, with which the client makes analogue or digital images available to Umo Art & Design.
Article 2 - Identity of the entrepreneur
Trading under the name: Umo Art & Design
Business address:
Umo Art & Design
ETC Expo, Stand 21-22
Randweg 20
4101 AC Culemborg (NL)
Postal address:
Umo Art & Design
Mors 11
7151 MX Eibergen (NL)
Phone number: +31 (0)88 02 33 370
Reachability:
At branch address Monday between 10 a.m. and 5 p.m., Tuesday to Friday access by appointment
E-mail address: [email protected]
Chamber of Commerce number: 61301434
VAT NO: NL854291040B01
IBAN: DE66 4016 4024 4052 2700 00
BIC: GENODEM1GRN
3.1.
These terms and conditions shall apply to all agreements concluded between Umo Art & Design and a customer, as well as to all offers made by Umo Art & Design to a customer to enter into such an agreement.
3.2.
Umo Art & Design explicitly rejects any reference to general purchasing conditions, however named.
4.1.
The agreement comes into effect after the customer has confirmed his order, which can be made online or offline, and Umo Art & Design has accepted this order.
4.2.
Should Umo Art & Design not accept the order, Umo Art & Design will delete the material submitted electronically by the customer.
4.3.
The rights of an agreement are not transferable by the customer to third parties.
4.4.
Changes to an already concluded agreement can only be agreed in writing or by electronic means.
5.1.
The prices charged by Umo Art & Design 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.
5.2
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.
6.1.
Payment must be made by transferring the invoice amount to the name of Umo Art & Design in Culemborg.
6.2.
The customer can, if he wishes, pay in advance. This can also be done by means of iDEAL.
6.3.
The product delivered by Umo Art & Design will remain the property of Umo Art Gallery until the full purchase price has been paid by the client.
7.1
The entrepreneur will take the utmost care when receiving and executing product orders and when assessing requests for the provision of services.
7.2
The place of delivery is the address that the consumer has made known to the entrepreneur.
8.1.
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 & Design of payment by the client of the agreed price including VAT and additional costs.
8.2.
If payment on account is expressly agreed upon, the delivery time shall start to run from the day after Umo Art & Design sends confirmation of the acceptance of the order.
8.3.
The delivery time mentioned in paragraph 1 does not concern a fatal delivery time. If Umo Art & Design fails to deliver within this delivery period, Umo Art & Design shall only be in default after the client has given Umo Art & Design notice of default in writing or electronically, granting Umo Art & Design a final deadline for fulfilment of at least fourteen days and Umo Art & Design has failed to perform within this period.
9.1.
If Umo Art & Design defaults on the performance of the agreement, the client shall have the right to dissolve the agreement. In the event of dissolution, Umo Art & Design shall immediately refund to the client any price paid in advance.
9.2.
In case Umo Art & Design has defaulted on fulfilment of the agreement and the client does not dissolve the agreement on that ground but demands fulfilment, Umo Art & Design 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.
9.3.
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 & Design 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 & Design and the client.
10.1.
The client puts the material at the disposal of Umo Art & Design at his own risk. The material will remain the property of the customer.
Umo Art & Design shall treat the material made available with all due care, which can reasonably be expected from Umo Art & Design. In the event of accidental loss of or damage to the material, Umo Art & Design 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 & Design, unless Umo Art & Design is entitled to receive insurance proceeds under an insurance policy taken out by Umo Art & Design. In the latter case, the liability of Umo Art & Design shall be limited to the amount paid out by the insurer to which the insurance policy gives the right. Umo Art & Design is under no obligation to take out such insurance, except when explicitly agreed upon with the client.
10.2.
The client is responsible for the quality of the material made available. Umo Art & Design shall not be liable for any damage to the material placed at the client's disposal, if such damage has occurred because Umo Art & Design relied on incorrect and/or incomplete information provided by the client with regard to the nature, content, composition and/or scope of the material.
11.1.
Upon acceptance of an order, Umo Art & Design accepts no liability for infringement of any intellectual property right of third parties. In the event Umo Art & Design is sued by third parties for infringement of any intellectual property right, the client shall indemnify Umo Art & Design for all damages suffered by Umo Art & Design as a result thereof, including those for which Umo Art & Design is sued by third parties and including costs caused to Umo Art & Design.
12.1.
All our offers and agreements concluded with the customer shall be governed by Dutch law.
13.1
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.
BIC: GENODEM1GRN
Article 3 - Applicability of these terms and conditions
These terms and conditions shall apply to all agreements concluded between Umo Art & Design and a customer, as well as to all offers made by Umo Art & Design to a customer to enter into such an agreement.
3.2.
Umo Art & Design 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 & Design has accepted this order.
4.2.
Should Umo Art & Design not accept the order, Umo Art & Design will delete the material submitted electronically by the customer.
4.3.
The rights of an agreement are not transferable by the customer to third parties.
4.4.
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 & Design 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.
5.2
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 & Design in Culemborg.
- IBAN number: DE79 4016 4024 4052 2719 00
- BIC: GENODEM1GRN
6.2.
The customer can, if he wishes, pay in advance. This can also be done by means of iDEAL.
6.3.
The product delivered by Umo Art & Design 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.
7.2
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 & Design of payment by the client of the agreed price including VAT and additional costs.
8.2.
If payment on account is expressly agreed upon, the delivery time shall start to run from the day after Umo Art & Design sends confirmation of the acceptance of the order.
8.3.
The delivery time mentioned in paragraph 1 does not concern a fatal delivery time. If Umo Art & Design fails to deliver within this delivery period, Umo Art & Design shall only be in default after the client has given Umo Art & Design notice of default in writing or electronically, granting Umo Art & Design a final deadline for fulfilment of at least fourteen days and Umo Art & Design has failed to perform within this period.
Article 9 - Default/Liability
If Umo Art & Design defaults on the performance of the agreement, the client shall have the right to dissolve the agreement. In the event of dissolution, Umo Art & Design shall immediately refund to the client any price paid in advance.
9.2.
In case Umo Art & Design has defaulted on fulfilment of the agreement and the client does not dissolve the agreement on that ground but demands fulfilment, Umo Art & Design 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.
9.3.
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 & Design 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 & Design and the client.
Article 10 - Material made available
The client puts the material at the disposal of Umo Art & Design at his own risk. The material will remain the property of the customer.
Umo Art & Design shall treat the material made available with all due care, which can reasonably be expected from Umo Art & Design. In the event of accidental loss of or damage to the material, Umo Art & Design 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 & Design, unless Umo Art & Design is entitled to receive insurance proceeds under an insurance policy taken out by Umo Art & Design. In the latter case, the liability of Umo Art & Design shall be limited to the amount paid out by the insurer to which the insurance policy gives the right. Umo Art & Design is under no obligation to take out such insurance, except when explicitly agreed upon with the client.
10.2.
The client is responsible for the quality of the material made available. Umo Art & Design shall not be liable for any damage to the material placed at the client's disposal, if such damage has occurred because Umo Art & Design 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 & Design accepts no liability for infringement of any intellectual property right of third parties. In the event Umo Art & Design is sued by third parties for infringement of any intellectual property right, the client shall indemnify Umo Art & Design for all damages suffered by Umo Art & Design as a result thereof, including those for which Umo Art & Design is sued by third parties and including costs caused to Umo Art & Design.
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.