Conditions
Article 1
Definitions
* Customer: a natural person aged 18 or older or a legal entity with whom Van Rijn Kids has concluded an agreement for the delivery of its product, or to whom Van Rijn Kids has made an offer to supply such a product.
* Product: reproduction on textile fabric, stretched on a wooden frame of stretcher bars, without frame, made to individual, personal order, of an image from the image archive of Van Rijn Kids or of an image supplied by the customer and/or any other Van Rijn Kids offered goods of a material nature.
* Image archive: all images, whether or not shown on the Van Rijn Kids website, to which Van Rijn Kids has exclusive or non-exclusive rights.
* Van Rijn Kids: Van Rijn Kids, established in The Hague, the user of these general terms and conditions, registered in the trade register of the Chamber of Commerce under number 89432282.
* Conditions: the present general conditions.
* Website: the website of Van Rijn Kids, namely www.VanRijnKids.nl
* Material: information carriers and/or physical documents, including photos, with which the customer makes analogue or digital images available to Van Rijn Kids.
Article 2
Applicability of these general terms and conditions
2.1.
These general terms and conditions apply to all agreements concluded between Van Rijn Kids and a customer, as well as to all offers made by Van Rijn Kids to a customer to enter into such an agreement.
2.2.
Van Rijn Kids explicitly rejects any reference to general terms and conditions of purchase, by whatever name.
Article 3
Realization of the agreement
3.1.
The agreement is concluded after the customer has placed an order by completing and sending the appropriate order form online on the website and Van Rijn Kids has accepted this order.
3.2.
Final acceptance of the order can only take place after Van Rijn Kids has received the nature of the material by sending it to Van Rijn Kids from the customer and has been able to assess it. After receipt of the material, Van Rijn Kids will inform the customer electronically within eight days, counting from the day of receipt of the order, of the acceptance of the order, or that the order is not accepted. Failure to respond to an order within the aforementioned period does not lead to tacit acceptance of the order.
3.3.
If Van Rijn Kids does not accept the order, Van Rijn Kids will remove the material supplied by the customer electronically. Van Rijn Kids will destroy any information carriers and/or physical documents unless the customer wishes to receive the material in return. Return shipment will only take place at the expense of the customer. Shipping costs must be paid by the customer at the request of Van Rijn Kids before shipping is effected by Van Rijn Kids.
3.4.
The rights under an agreement are not transferable by the customer to third parties.
3.5.
Changes to an already concluded agreement can only be agreed upon in writing or electronically.
Article 4
Prices
4.1.
The prices used by Van Rijn Kids are stated on the website and include VAT, shipping costs and any other rights and costs, whether or not imposed by the government, on the sale or shipment of the product. The order by the customer is deemed to imply the agreement of the customer with the price applicable for the product at the time of shipment of the order. If the customer wishes a special effect and/or a processing that deviates from the standard processing, this will lead to an additional cost. This will be stated by Van Rijn Kids in the order confirmation. In such a case, the agreement will only be concluded after the customer has accepted the total price stated in the order confirmation in writing or electronically.
4.2.
If the prices are changed by Van Rijn Kids before Van Rijn Kids has been given the opportunity to assess the material to be supplied by the customer, the acceptance of an order is deemed to be based on the new price. The customer must confirm to Van Rijn Kids within five days of receipt of the acceptance sent by Van Rijn Kids whether he wishes to maintain the order on the basis of the changed price. Without this confirmation, no agreement will be concluded between Van Rijn Kids and the customer.
4.3.
In the event of an intra-Community delivery to a company subject to VAT in the European Union, which Van Rijn Kids charges without VAT, Van Rijn Kids will state the customer’s VAT number on the invoice. If the VAT number is not known to Van Rijn Kids and is not disclosed at the request of Van Rijn Kids, Van Rijn Kids must charge VAT.
The customer indemnifies Van Rijn Kids against all possible damage and/or other disadvantage that Van Rijn Kids suffers if it appears that the customer is not registered as a VAT payer in the country of establishment, or for other reasons unknown to Van Rijn Kids. Rijn Kids has incorrectly invoiced without VAT at the request of the customer.
4.4.
Discounts are never valid in combination. In the case of a combined discount, the highest discount percentage applies.
Article 5
Payment
5.1.
Payment must be made by transferring the invoice amount to bank account NL25 INGB 0100 4734 31 in the name of Van Rijn Kids in The Hague
5.2.
The customer can, if he wishes, pay by providing Van Rijn Kids with a one-off direct debit authorization, a form of which will be sent to the customer by Van Rijn Kids on request. In the case of payment on account, the customer must observe the payment term stated in the invoice. If no payment term is stated on the invoice, a payment term of fourteen days applies.
5.3.
In case of payment on account, the product delivered by Van Rijn Kids remains the property of Van Rijn Kids until the full purchase price has been paid by the customer.
Article 6
Delivery
6.1.
The place of delivery is the delivery address that the customer gives to Van Rijn Kids.
6.2.
The customer guarantees that the address provided by him is correct and that this address can be reached via a properly paved road for a normal delivery method by post or courier service.
Article 7
Delivery time
7.1.
The canvases are shipped within a maximum of 9 working days. This is calculated from the date of receipt of the order, or from the day of receipt by Van Rijn Kids of payment by the customer of the agreed price including VAT and additional costs. The latest of the two aforementioned times is decisive for the commencement of the delivery time.
7.2.
If payment on account has been expressly agreed, the delivery time starts on the day after the confirmation of acceptance of the order has been sent by Van Rijn Kids.
7.3.
The delivery time referred to in paragraph 1 is not a strict delivery time. If Van Rijn Kids does not deliver within this delivery time, Van Rijn Kids will only be in default after the customer has given Van Rijn Kids notice of default in writing or electronically and has set a final term for compliance of at least fourteen days and the fulfillment by Van Rijn Kids did not arrive within this period.
Article 8
Default/liability
8.1.
If Van Rijn Kids is in default with regard to the fulfillment of the agreement, the customer has the right to dissolve the agreement. In the event of dissolution, Van Rijn Kids will immediately refund any prepaid price to the customer.
8.2.
In the event that Van Rijn Kids is in default with the fulfillment of the agreement and the customer does not dissolve the agreement on that ground but demands compliance, Van Rijn Kids has the right to replace any defective product that has already been delivered, or to opt for a refund. of the purchase price. In the latter case, the agreement is deemed to have been dissolved.
8.3.
Both in the event of a claim for performance and in the event of dissolution of the agreement (or in the event of Van Rijn Kids’ choice for a refund of the purchase price in accordance with paragraph 1), Van Rijn Kids is only liable for the failure to comply with the agreement damage suffered if the cause of the failure on the part of Van Rijn Kids can be traced back to intent or gross negligence on the part of Van Rijn Kids. The liability of Van Rijn Kids is furthermore limited per order to the highest net invoice amount (invoice amount excluding VAT). In the case of an order consisting of several separate parts, the liability of Van Rijn Kids is limited to that part of the net invoice amount belonging to the part of the order in respect of which Van Rijn Kids has failed.
8.4.
The customer must check the delivered product for defects immediately after delivery. Any defects in the delivered goods must be reported by the customer to Van Rijn Kids in writing or electronically, if possible immediately after delivery, but no later than within two working days after delivery. After this period, the delivered goods are deemed to comply with the agreement concluded between Van Rijn Kids and the customer.
8.5.
In the event of payment on account, the invoice is deemed to have been accepted by the customer as correct and due, subject to complaints within three working days after receipt of the invoice.
Article 9
Material made available
9.1.
The customer makes the material available to Van Rijn Kids at his own risk. The material remains the property of the customer.
Van Rijn Kids will treat the material made available with the care that can reasonably be expected from Van Rijn Kids. In the event of the unexpected loss or damage of the material, Van Rijn Kids is not liable for the damage suffered by the customer as a result, except in the event of intent or gross negligence on the part of Van Rijn Kids, except insofar as Van Rijn Kids is entitled to do so. benefits from insurance payments under a non-life insurance policy taken out by Van Rijn Kids. In the latter case, the amount of Van Rijn Kids’ liability is limited to the amount paid out by the insurer to which the concluded insurance policy gives entitlement. Van Rijn Kids has no obligation to take out such insurance, except insofar as expressly agreed with the customer.
9.2.
If reasonably possible, the customer must keep a copy or a back-up of the material before making it available to Van Rijn Kids.
9.3.
The customer is responsible for the quality of the material made available. Van Rijn Kids is not liable for damage to the material made available if this damage has arisen because Van Rijn Kids has based itself on incorrect and/or incomplete information provided by the customer regarding the nature, content, composition and/or scope of the material.
9.4.
Van Rijn Kids will in all cases report to the police any pornographic material containing minors supplied by the customer.
Article 10
Intellectual property rights
10.1.
When accepting an assignment, Van Rijn Kids accepts no liability for infringement of any intellectual property rights of third parties. In the event that Van Rijn Kids is held liable by third parties for infringement of any intellectual property right, the customer indemnifies Van Rijn Kids against all damage that Van Rijn Kids suffers as a result, including that for which Van Rijn Kids is held liable by third parties and including the Van Rijn Kids caused costs.
Article 11
Applicable law and competent court
11.1.
Dutch law applies to all our offers and agreements concluded with the customer. The validity of the Vienna Sales Convention of 19 June 1980 (CISG) is expressly excluded.
11.2.
Disputes arising from agreements concluded with the customer, as well as disputes regarding the interpretation of these general terms and conditions, will be brought before the competent court in The Hague by both parties, to the exclusion of the jurisdiction of any other competent court under the law or treaty.