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Terms and conditions

General Terms and Conditions – Mart Visser Artwork

Webshop: www.martvisser-artwork.nl and www.martvisser-artwork.com

Owner: M.V. Design B.V.

Chamber of Commerce number: 33254922

IBAN: NL87ABNA0445633484

VAT number: NL-810464962B01

Table of Contents

  • Article 1 – Definitions
  • Article 2 – Identity of the Entrepreneur
  • Article 3 – Applicability
  • Article 4 – The Offer
  • Article 5 – The Agreement
  • Article 6 – Right of Withdrawal
  • Article 7 – Costs in Case of Withdrawal
  • Article 8 – Exclusion of Right of Withdrawal
  • Article 9 – Pricing Information
  • Article 10 – Conformity and Warranty
  • Article 11 – Delivery and Performance
  • Article 12 – Continuing Transactions: duration, termination and renewal
  • Article 13 – Payment
  • Article 14 – Complaints Procedure & Damage
  • Article 15 – Disputes
  • Article 16 – Additional or Deviating Provisions
  • Article 17 – Sustainability and BSCI

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  • Cooling-off period: the period within which the consumer may exercise the right of withdrawal.
  • Consumer: a natural person who is not acting in the exercise of a profession or business and enters into a distance contract.
  • Day: calendar day.
  • Continuing transaction: a distance contract concerning a series of products and/or services where the obligation to deliver and/or purchase is spread over time.
  • Durable data carrier: any medium that allows information to be stored in a way that enables future reference and unchanged reproduction.
  • Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period.
  • Model form: a withdrawal form made available by the entrepreneur.
  • Entrepreneur: M.V. Design B.V., supplier of products and services at a distance.
  • Distance contract: a contract concluded via a system organized by the entrepreneur, whereby only techniques for distance communication are used.
  • Technique for distance communication: a means to conclude a contract without the consumer and the entrepreneur being physically present in the same space.
  • General Terms and Conditions: these conditions as set out below.

Article 2 – Identity of the Entrepreneur

Name: Mart Visser Artwork part of M.V. Design B.V. (owner M.A. Visser)

Address: Luchtvaartstraat 1A, 1059CA Amsterdam

Phone: +31 (0)20 571 20 20

Customer Service Opening Hours:
Monday – Thursday: 10:00 – 17:00
Friday: 10:00 – 15:00
Saturday & Sunday: closed

Email: artwork@martvisser.nl

Chamber of Commerce number: 33254922

IBAN: NL87ABNA0445633484

VAT number: NL-810464962B01

Article 3 – Applicability

  1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between entrepreneur and consumer.
  2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated, before the distance contract is concluded, that the terms and conditions are available at the entrepreneur’s premises and will be sent free of charge at the consumer’s request.
  3. If the distance contract is concluded electronically, the text of these terms and conditions may, in deviation from the previous paragraph, be provided to the consumer by electronic means in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, the consumer will be informed where the terms and conditions can be accessed electronically and that they will be sent electronically or otherwise free of charge at the consumer’s request.
  4. In cases where specific product or service conditions apply in addition to these terms, the second and third paragraphs shall apply accordingly, and the consumer may always rely on the provision most favorable to them in the event of conflicting terms.
  5. If one or more provisions of these terms are null and void or annulled in whole or in part, the remainder of the contract and these conditions shall remain in force, and the relevant provision shall be replaced by mutual agreement with a provision that approximates the intent of the original as closely as possible.
  6. Situations not covered by these terms shall be assessed ‘in the spirit’ of these terms and conditions.
  7. Ambiguities about the interpretation or content of one or more provisions must be interpreted ‘in the spirit’ of these terms and conditions.

Article 4 – The Offer

  1. The offer includes a full description of artworks, including size, material, and specifications. Images provide the most accurate possible representation but may show color deviations.
  2. Stock may be limited; in the case of simultaneous orders, the system determines which customer receives the item. Mart Visser Artwork is not liable if an item or size cannot be delivered.
  3. The offer includes details of pricing, shipping costs, right of withdrawal, payment and delivery terms, and the storage period of the agreement.
  4. Each offer contains sufficient information for the consumer to understand the rights and obligations attached to acceptance of the offer. In particular:
    • the price including taxes;
    • any shipping costs;
    • the method by which the contract is concluded and what actions are required;
    • whether the right of withdrawal applies;
    • the method of payment, delivery, and performance of the contract;
    • the period for acceptance of the offer, or the period during which the entrepreneur guarantees the price;
    • the rate for distance communication if it is calculated differently than the basic rate;
    • whether the contract will be archived after conclusion, and if so, how it can be accessed by the consumer;
    • how the consumer can verify and, if necessary, correct their data before concluding the contract;
    • the possible languages in which the contract may be concluded, in addition to Dutch;
    • the codes of conduct to which the entrepreneur has subscribed and how these can be consulted electronically; and

Article 5 – The Agreement

    1. The agreement is concluded, subject to paragraph 4, at the moment the consumer accepts the offer and complies with the associated conditions.
    2. The agreement comes into effect when the consumer accepts the offer and meets the stated requirements.
    3. An order confirmation will be sent promptly by email. Until receipt of confirmation, the consumer may dissolve the contract.
    4. Security measures are in place for safe online payments and data transfers.
    5. The entrepreneur reserves the right to refuse an order if payment capacity is insufficient or for other justified reasons.
    6. Information on warranties, the right of withdrawal, and complaints procedures is clearly provided, including contact address and instructions.

Article 6 – Right of Withdrawal

Upon delivery of products:

  1. When purchasing products, the consumer has the right to cancel the agreement without providing reasons within 14 days. This period begins on the day after the consumer, or a representative designated by the consumer and known to the entrepreneur, receives the product.
  2. During the cooling-off period, the consumer shall handle the product and packaging with care. They may only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise the right of withdrawal, the product shall be returned with all supplied accessories and, if reasonably possible, in its original condition and packaging, in accordance with the entrepreneur’s clear and reasonable instructions.
  3. If the consumer wishes to exercise the right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. A return request must first be submitted by email via artwork@martvisser.nl. After approval, clear return instructions will be provided.
  4. If the consumer has not notified within the period referred to in paragraphs 2 and 3, or has not returned the product, the purchase becomes final.
  5. Refunds will be processed within 7 working days after receipt and inspection of the artwork. Shipping and return costs are not reimbursed. Exchanges are not possible. If desired, a new order can be placed.
  6. Important notice: Returns without prior approval will not be accepted. The artwork must be returned in original condition and in the original (or equivalent) packaging. Damaged, used, or incomplete returns will not be accepted.

Article 7 – Costs in Case of Withdrawal

  1. The buyer is responsible for return shipping, including insured shipping.
  2. The risk of return shipment (loss or damage) lies with the buyer.

Article 8 – Exclusion of Right of Withdrawal

  1. The entrepreneur may exclude the right of withdrawal for certain products as described in paragraphs 2 and 3. This exclusion is only valid if clearly stated in the offer or at least prior to the conclusion of the contract.
  2. The right of withdrawal does not apply to products: custom-made or personal in nature, including specially produced artworks; at high risk of damage upon return; perishable or subject to rapid aging; if delivery has begun with the consumer’s express consent.

Article 9 – Pricing

  1. All prices include VAT and exclude shipping costs unless otherwise stated.
  2. Prices may fluctuate due to changes in financial markets; any adjustments will be clearly indicated.
  3. Printing and typographical errors do not oblige delivery at incorrect prices.
  4. Note: for international shipments, customs duties and import taxes may be charged in the destination country.
    These costs are not included in shipping fees and are always payable by the buyer.
  5. Price increases within 3 months after the conclusion of the contract are only permitted if they result from statutory regulations or provisions.
  6. Price increases after 3 months are only permitted if agreed by the entrepreneur and:
    they are due to statutory regulations or provisions; or the consumer has the right to terminate the contract as of the date on which the price increase takes effect.

Article 10 – Conformity and Warranty

  1. Artworks comply with the agreement and reasonable standards of quality.
  2. Warranty does not cover misuse, transport damage caused by the consumer, or self-repair.
  3. Any defects must be reported within 5 days of receipt.
  4. The entrepreneur guarantees that products and/or services comply with the agreement, the specifications stated in the offer, reasonable standards of quality, and the statutory regulations and/or government requirements in force at the date of conclusion of the contract. 

Article 11 – Delivery and Performance

  1. The entrepreneur will exercise the utmost care when receiving and fulfilling product orders and in assessing requests for the provision of services.
  2. The place of delivery is the address provided by the consumer to the entrepreneur.
  3. With due observance of paragraph 4 of this article, the company will execute accepted orders as quickly as possible but at the latest within 14 days, unless a longer delivery period has been agreed with the consumer. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified within 14 days of placing the order. In that case, the consumer has the right to terminate the contract free of charge. The consumer is not entitled to compensation.
  4. All delivery terms are indicative. No rights can be derived by the consumer from any mentioned terms. Exceeding a delivery period does not entitle the consumer to compensation.
  5. In the event of termination in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after termination.
  6. If delivery of an ordered product is impossible, the entrepreneur will make an effort to provide a replacement product. At the latest upon delivery, it will be clearly indicated that a replacement item is being delivered. Replacement products cannot exclude the right of withdrawal. The cost of any return shipment is borne by the entrepreneur.
  7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
  8. For each artwork, the most suitable shipping method and carrier will be selected. All shipments are insured from the headquarters. Shipping costs are automatically calculated at checkout and depend on the size, weight, and destination of the artwork.
  9. Note: for international shipments, customs duties and import taxes may be charged in the destination country. These costs are not included in shipping fees and are always payable by the buyer.

Article 12 – Payment

  1. Payment on the Mart Visser Artwork website is made in advance via online payment.
  2. The consumer must promptly notify the entrepreneur of any inaccuracies in payment details provided.
  3. In case of non-payment, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs made known in advance.

Article 13 – Complaints Procedure & Damage

  1. The entrepreneur has a sufficiently publicized complaints procedure and will handle complaints in accordance with this procedure.
  2. Complaints regarding the execution of the contract must be submitted fully and clearly described within 5 days after the consumer has discovered the defects.
  3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with an acknowledgment and an indication of when a more detailed response can be expected.
  4. If a complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
  5. Damage to artworks caused by the consumer is not the responsibility of M.V. Design B.V.
  6. Damage caused by the entrepreneur is limited to the purchase value of the product.

Article 14 – Disputes

  1. Dutch law applies, regardless of the consumer’s place of residence.
  2. The Vienna Sales Convention does not apply.

Article 15 – Additional or Deviating Provisions

Additional provisions or deviations from these terms and conditions may not be to the consumer’s disadvantage and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable data carrier.