Terms & Conditions

Kunstproeven VOF – Galerie Kunstproeven

Sint Amorsplein 12, 6211 GT Maastricht

Chamber of Commerce (KvK): 12051057 – VAT: NL820743562B01

E-mail: info@kunstproeven.nl – Website: www.kunstproeven.nl

1. Definitions

Gallery: Kunstproeven VOF, trading as Galerie Kunstproeven.

Artwork: any artwork or object offered by or through the Gallery.

Artist: the creator of the artwork.

Buyer: any natural or legal person who enters into an agreement with the Gallery. A consumer is a natural person not acting in the exercise of a profession or business.

Agreement: any sales agreement or other legal relationship between the Gallery and the Buyer.

Right of withdrawal: the consumer’s right to cancel a distance or off-premises purchase within 14 days without giving reasons.

2. Applicability

These terms apply to all offers, agreements and deliveries of the Gallery.

Deviations apply only if agreed in writing.

Any general terms and conditions of the Buyer are expressly rejected.

3. Offer and conclusion of contract

All offers by the Gallery are without obligation, unless expressly stated otherwise.

An agreement is concluded when the Gallery confirms the order in writing or electronically, or by actual delivery.

Obvious mistakes or typographical errors in the offer do not bind the Gallery.

4. Prices and payment

All prices include VAT and applicable taxes, unless stated otherwise.

Payment must be made in advance or no later than upon delivery.

The Gallery may require a deposit or advance payment.

If the payment term is exceeded, the Buyer is in default by operation of law and statutory interest is due, plus extrajudicial collection costs in accordance with Dutch regulations.

The Gallery may suspend further deliveries as long as earlier invoices remain unpaid.

5. Delivery and risk

Delivery takes place at the Gallery or at the address specified by the Buyer.

For consumers, risk passes upon actual receipt. For business customers, upon transfer to the carrier.

If the Buyer does not take delivery in time, the Buyer is in default and additional costs of transport, storage and insurance are at the Buyer’s expense.

Delivery periods are indicative and not strict deadlines, unless expressly agreed otherwise.

6. Retention of title

Ownership of an artwork is transferred to the Buyer only after the full purchase price and any additional costs have been paid.

Until that time, the artwork remains the property of the Gallery and is deemed to be held by the Buyer on behalf of the Gallery.

If the Buyer disposes of, pledges or encumbers the artwork without permission before full payment, the Buyer forfeits an immediately payable penalty equal to the outstanding amount, without prejudice to the Gallery’s right to full compensation.

7. Right of withdrawal (distance/off-premises sales)

For distance and off-premises purchases (e.g. via the website or outside the Gallery), the consumer has a statutory right of withdrawal of 14 days from the day after receipt of the artwork.

During this period, the consumer shall handle the artwork and packaging with care. The artwork may only be handled to the extent necessary to establish its nature, characteristics and functioning.

To exercise the right of withdrawal, the consumer shall notify the Gallery within the withdrawal period by an unequivocal statement (e.g. by e-mail). The consumer may use the model withdrawal form but is not obliged to do so.

The consumer shall return the artwork to the Gallery without undue delay, but no later than 14 days after the day on which the withdrawal has been communicated. The direct costs of returning the artwork are for the consumer’s account.

The Gallery shall reimburse all payments received from the consumer, including standard delivery costs, without undue delay and in any event not later than 14 days following the day on which it is informed of the consumer’s decision to withdraw, provided the artwork has been received back or the consumer has supplied evidence of having sent back the goods.

The consumer is liable for any diminished value of the artwork resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the artwork.

8. Conformity and complaints

The Gallery warrants that the artwork complies with the agreement and the reasonable expectations of the Buyer, taking into account the nature of art objects (unique character, materials and ageing).

Minor deviations in colour, size or finish are inherent to artworks and do not constitute a defect.

Complaints must be reported to the Gallery within a reasonable period after discovery, with a clear description.

9. Liability

The Gallery is only liable for direct damage resulting from an attributable failure in the performance of the agreement, up to a maximum of the purchase price of the artwork concerned.

The Gallery is not liable for indirect or consequential damage, including loss of profit, loss of goodwill or data, except in the event of intent or gross negligence.

10. Force majeure

In the event of force majeure, the obligations of the Gallery are suspended.

If the force majeure lasts longer than two months, either party may dissolve the agreement without being liable for damages.

11. Dissolution and suspension

If the Buyer fails to fulfil its obligations, the Gallery is entitled to dissolve the agreement in whole or in part or to suspend its performance. In that case, all claims of the Gallery become immediately due and payable, and the Gallery is entitled to compensation for all damage suffered.

12. Limitation period

All claims of the Buyer expire one year after delivery of the artwork, unless a longer period is prescribed by law.

13. Intellectual property

Copyright in artworks rests with the artist. The Buyer acquires only ownership of the physical work and no rights to reproduce or publish it.

14. Privacy

The Gallery processes personal data in accordance with the General Data Protection Regulation (GDPR). For more information, see our privacy policy and cookie policy.

15. Governing law and competent court

All agreements with the Gallery are governed exclusively by Dutch law.

Disputes will be submitted to the competent court of the District of Limburg, unless mandatory law provides otherwise.