GENERAL TERMS AND CONDITIONS 2016 TANJASTADNIC.COM
The person who purchases or orders any type of painting, or enters into an agreement with TanjaStadnic.com for the purpose of acquiring, collecting, dealing in, lending or otherwise making public a work of art is referred to as the purchaser/client in these delivery terms and conditions. [noot vertaler: Titel luidt: Algemene voorwaarden]
The person who professionally carries out and delivers any type of painting is the ‘artistic entrepreneur’ Tanja Stadnic and is referred to as TanjaStadnic.com in these terms and conditions.
PAINTINGS & OTHER WORKS OF ART
- Paintings are supplied with eyes and cables to enable the suspension of the painting, but not with a frame.
- com is able to advise you on the type of frame, suspension system and installation, but the actual installation of hooks in walls and any lighting are the responsibility of the purchaser/client.
- Images/paintings shown on the website may differ from the reality and no rights can be derived from such.
- Paintings and other painted articles of TanjaStadnic.com are in principle not intended for further sale without the approval of TanjaStadnic.com.
- All offers are without obligation and are valid for two months as from the date of the offer. Offers are provided in writing or by email.
- In the event of an offer consisting of multiple items, TanjaStadnic.com is not obliged to deliver a part of the offer against a pro rata proportion of the total offer price.
- All assignments must be confirmed by both parties in writing or by email, stating the agreed price, the items included in the assignment and the delivery time.
- The agreement may also set out that a certain deposit must be paid before the assignment is started. This deposit will serve as a guarantee for the assignment and will be offset against the agreed delivery.
- Only in the event that, in all reasonableness and at the discretion of TanjaStadnic.com, the assignment has not been carried out to the satisfaction of the purchaser/client will this deposit, minus any costs (material as well as labor costs), be refunded, and will the assignment and the obligation to deliver cease to apply.
- TanjaStadnic.com aims to deliver assignments within 8 weeks as from the confirmation of an assignment.
- TanjaStadnic.com guarantees that the work of art delivered or to be delivered by TanjaStadnic.com is or will be created, designed and made by TanjaStadnic.com. TanjaStadnic.com is entitled to sign the work and give the work a title and/or code.
- In the event a purchase/assignment is withdrawn by the purchaser/client at a time when the preparation/execution by TanjaStadnic.com and/or commitments with third parties have reached an advanced phase, the purchaser/client will be obliged to pay the total amount of all costs (material as well as labor costs) involved in the creation of the work of art to TanjaStadnic.com.
- In the event the circumstances in which the purchase/assignment was agreed change to such an extent that TanjaStadnic.com is, due to artistic or material reasons, unable to properly execute the assignment involved, TanjaStadnic.com is entitled to cancel the agreement, without prejudice to the right of TanjaStadnic.com to enter into a new agreement in accordance with the changed circumstances.
DELIVERY, TRANSPORT & GUARANTEE
- TanjaStadnic.com is obliged to deliver the work assigned to TanjaStadnic.com on the agreed date, as set out in the confirmation of the assignment. If, due to force majeure or unforeseen circumstances, delivery on this date appears to be impossible, TanjaStadnic.com will inform the purchaser/client in due time and stating the reasons for this delay in writing or by email.
- Following close consultation, delivery and/or transport of the assignment is mainly carried out by TanjaStadnic.com. For deliveries outside a radius of 300 km from Enschede a transport fee will be charged.
- Without proper mutual agreement there will be no obligation to deliver.
- Upon delivery by TanjaStadnic.com the purchaser/client is obliged to immediately and carefully inspect the painting and to inform TanjaStadnic.com of any defects. In the event the painting is damaged the purchaser receives a replacement painting or an appropriate provision is made upon submission of the original receipt/invoice. In the event of a cancellation the cancellation provisions apply.
- Upon delivery by a third party the purchaser/client is obliged to immediately and carefully inspect the painting, and to inform TanjaStadnic.com of any defects within 3 working days.
- In the event the delivered painting is damaged the purchaser receives a replacement painting or an appropriate provision is made upon submission of the original receipt/invoice. In the event of a cancellation the cancellation provisions apply.
- When the purchaser/client transports the painting he/she is the sole person responsible for this painting and no rights can be derived from any damage or defect to the painting.
PURCHASE, PRICE & PAYMENT
- When purchasing a painting at the studio, online, an art market, an exhibition or similar, the purchaser/client must pay a deposit of at least 25% of the purchase price, followed by the remainder upon receipt of the invoice within 14 days by bank transfer or cash upon delivery. The invoice/agreement is a binding agreement between the purchaser and TanjaStadnic.com.
- In some cases the client receives a receipt on site when purchasing a painting followed by an invoice by post or email.
- TanjaStadnic.com is entitled to demand payment in several instalments upon receipt and/or acceptance of the purchase/assignment confirmation, upon the start of the execution of a work of art, upon the delivery of a completed work of art or upon request when this is required to continue the work.
- The purchaser/client must pay within 14 days as from the invoice date.
- In the event the payment date is exceeded the purchaser/client owes an amount equal to the statutory interest rate over the outstanding amount until the date of full payment thereof. In such a situation TanjaStadnic.com is entitled to suspend the work on the assignment until the purchaser/client has paid the amount due plus any interest due. Payments are considered made when the amount is received on the account of TanjaStadnic.com.
- All costs, judicial as well as extra-judicial, incurred due to the recovery of any amount outstanding from the purchaser/client are at the expense of the purchaser/client. Material ownership of a work of art does not give the owner the right to multiply, reproduce or otherwise exploit the work of art. Under the Copyright Act of 1912 this right belongs solely to the artist – the producer of the artwork – unless otherwise explicitly agreed beforehand in writing with TanjaStadnic.com and against a certain fee.
In the event TanjaStadnic.com is in default with regard to the fulfilment of obligations without this being attributable to TanjaStadnic.com (force majeure), TanjaStadnic.com cannot be held liable and fulfilment of the obligations is suspended until the force majeure condition has ended. Force majeure includes the illness of the artist, delays at suppliers and/or third parties involved in the execution of the agreement and delays as a result of materials being unsuitable. In the event of force majeure on the part of the artist, the artist is entitled to a part of the fee equal to the work carried out by the artist and costs incurred by the artist or any unavoidable costs (for instance in relation to orders placed and assignments to third parties which cannot be cancelled without incurring costs).