Terms and conditions
Conditions Atelier Werkman applicable on June 1, 2023
Office address: Atelier Werkman, Prinses Margrietlaan 27a, 3051AN, Rotterdam, The Netherlands
Contact: phone 0643075759, e-mail [email protected], webshop www.atelierwerkman.com
Chamber of Commerce registration: 90146034
VAT number: NL004791529B87
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on WordPress via Godaddy and WooCommerce. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Terms and Conditions
1 DEFINITIONS
For the purposes of these terms and conditions the following terms have the meanings as given below:
Atelier Werkman: the Company as described above;
Artist: the creator of the painting, sculpture or other artwork offered for sale;
Buyer: the natural or legal persons who purchase products or via Atelier Werkman in the Atelier or via the website;
Parties: Atelier Werkman and the buyer;
Products: paintings, sculptures, works of art, frames and other and future products and services of Atelier Werkman;
Agreement: the written agreements between Atelier Werkman and the buyer regarding the delivery of the products;
Delivery: the moment when the purchaser, or a third party acting on behalf of the buyer, acquires ownership of and control over the products;
Intellectual property: All complete, worldwide intellectual property rights and similar related rights in the broadest sense, including in particular means – but is not confined to – the next (or claims thereto): copyright, trademarks, database rights, know-how and domain names including any future intellectual property rights, including all powers to the relevant national and international regulations it may grant.
2 APPLICABILLITY
2.1. These conditions apply to all orders, quotations and deliveries of, and agreements with, and payments to Atelier Werkman.
2.2. By placing an order, order or purchase the buyer expressly agrees to these terms and conditions.
3 PURCHASE AGREEMENT
A purchase agreement between Atelier Werkman and the buyer is only established when Atelier Werkman expressly accepted an order from the purchaser in writing by e-mail.
4 ORDER
4.1. Quotations of Atelier Werkman can only be accepted without deviations. All offers of Atelier Werkman, whether they are based on standard prices or special offers are valid while stocks last. The buyer cannot derive rights from quotes from Atelier Werkman. 4.2. Atelier Werkman will not be bound by obvious errors or mistakes in its offers.
4.3. The standard method for mentioning prices is in Euros (€). The prices of the products listed on the Atelier Werkman website include VAT and other government levies and costs of shipping and / or other transportation. Before the order is completed, Atelier Werkman will display the total price that the buyer must pay on its website.
4.4. After placing an order, the buyer receives an email from Atelier Werkman in which the products ordered and the total amount of the order is stated inclusive of VAT and shipping.
4.5. Atelier Werkman has the right without giving reasons to refuse orders within one week of receipt.
5 DELIVERY
5.1. The buyer has to pay the full purchase price in advance. Delivery will not take place until the payment by Atelier Werkman has been received in the manner agreed.
5.2. A by Atelier Werkman specified delivery deadline is only an indication, unless otherwise expressly agreed in writing that the deadline is final.
5.3. An work is delivered when the buyer picks up the product in the or taken from an address specified by Atelier Werkman. Delivery also happens when Atelier Werkman has the product delivered, under the contract by a carrier, to the address specified by the buyer. The buyer has a purchase obligation.
5.4. If the buyer has ordered more than one product, Atelier Werkman is entitled to deliver the products in parts.
5.5. The risk of loss, theft, destruction and / or damage to the product passes to the buyer when the buyer, or someone acting on behalf of the buyer, gets physical possession of the product. The same transfer of risk occurs when Atelier Werkman has the product ready for delivery to the buyer and the product is not picked up or collected according to agreement. In case of non-reduction by the buyer all costs made, and to be made, by Atelier Werkman in connection with the offering, transportation, storage and insurance are for the account of the buyer. In addition, the buyer is liable for all damage suffered by Atelier Werkman by non-reduction.
5.6. If the product is delivered, while the purchase price is not yet fully received, the ownership of the product does not pass to the buyer when it has fully met its payment obligations under any agreement with Atelier Werkman whatsoever, including payment interest and costs as specified in these conditions. The buyer is supposed to keep the product for Atelier Werkman until full payment is made.
5.7. If the buyer, before the full purchase price of the product is paid to Atelier Werkman, pledges the product completely or partially to a third party or tries to transfer property, the buyer is immediately due and payable penalty to Atelier Werkman to the size of unpaid portion of the purchase price, without prejudice to Atelier Werkman full compensation. Furthermore buyer is obliged to provide Atelier Werkman data of the aforementioned parties.
5.8. The risk of loss, destruction and / or damage to products that the buyer delivers to Atelier Werkman for processing or repair, remains with the buyer, unless otherwise provided by written agreement.
6 PAYMENT
6.1. Atelier Werkman requires payment of the products beforehand. Atelier Werkman is entitled to make partial deliveries and to invoice them separately.
6.2. Complaints about invoices must be communicated Atelier Werkman in writing within 8 days from date of shipment or delivery of the invoice, failing which the invoice approved by buyer unconditionally.
6.3. All payments must be made by the buyer without any deduction or set-off, unless the counterclaim of the purchaser on Atelier Werkman is explicitly acknowledged or legally established. The buyer is not entitled to suspend its payment obligation.
6.4. Atelier Werkman has the right to demand advance payment or a cash payment if it sees fit.
6.5. By the mere expiry of a period of 30 days after the invoice date, the buyer becomes, without any notice or reminder is needed, in default and on the amounts due from the date of default an immediately payable interest rate of 2% per month or per portion thereof due. Atelier Werkman may also suspend further deliveries until full payment of all amounts due is received.
6.6. All costs, both judicial and extrajudicial expenses (including all costs related to legal assistance) for Atelier Werkman related to the enforcement of its rights against the buyer shall be borne by the buyer. The extrajudicial costs are calculated according to the prevailing rate of the Dutch Bar Association.
6.7. If, even after demand within the deadline, payment is not made, Atelier Werkman is entitled to terminate the agreement -at its option in whole or in part -by means of a written notice to the buyer, without prejudice to its right to compensation.
7 TERMINATION
7.1. If the buyer does not properly or timely fulfill any obligation arising from the contract for him, and in the event of bankruptcy or (provisional) suspension of the buyer’s payment, the buyer is in default without notice and Atelier Werkman is entitled without judicial intervention:
a. to suspend the execution of the agreement until the fulfillment of this obligation, in the opinion of Atelier Werkman sufficiently secured; and / or
b. to completely or partially dissolve each of the agreements between Atelier Werkman and the buyer, without prejudice to any other rights of Atelier Werkman and without being liable for any damages.
7.2. In all the cases mentioned in the previous paragraph, all claims of Atelier Werkman on the purchaser are immediately and fully due and Atelier Werkman is entitled to recover on the unpaid products. In that case Atelier Werkman and its authorized representative (s) will be entitled to enter the premises of the Buyer to take possession of these products in order to give Atelier Werkman the opportunity to enforce its rights.
8 BUYER’S PRIVACY
8.1. Atelier Werkman treats all personal information it receives from the buyer as private and confidential. Atelier Werkman uses the personal data for the execution of the agreement and the payment and delivery of the products. Atelier Werkman is also entitled to use the personal data for its own promotional activities, such as the Atelier Werkman newsletter.
8.2. Atelier Werkman will not disclose the buyer’s personal data to any third parties other than those involved in the payment and shipping of products.
9 RIGHT OF WITHDRAWAL & RETURN
9.1. The buyer has the right to revoke the contract without giving any reason within 14 days from the date of delivery of the products. For this, the buyer informs Atelier Werkman within two days after receiving the product, by email; or in writing to the above address.
9.2. If the buyer wishes to use the right of withdrawal, the purchaser may only unpack or use the product as necessary to assess whether he or she wants to retain the product. During this period the buyer will handle the product and the packaging with care.
9.3. The buyer must return the products immediately with all accessories and in the original packaging. The direct cost of returning the products are payable by the buyer. Returns must be sent by registered mail to the above, return address (Atelier Werkman, Prinses Margrietlaan 27a, 3051 AN Rotterdam, The Netherlands).
9.4. If the buyer uses the right of withdrawal, Atelier Werkman will refund the purchase price within 14 (fourteen) days of receipt of the returned products.
9.5. If the buyer does not act in accordance with section 9.2., or if the products otherwise are not returned in its original state, Atelier Werkman is not obliged to refund the purchase price to the buyer.
10 WARRANTY & DEFECTIVE GOODS
10.1. The purchaser buys the product in its condition at the time of purchase. The buyer must inform themselves beforehand on the condition of the product.
10.2. Where the products do not meet the reasonable requirements of the products, the buyer must report this immediately to Atelier Werkman, but in no event later than two (2) calendar days after delivery of the products. If the buyer fails to comply with the provisions of this paragraph any right to recovery and / or any other possible damages claim will invalidate.
10.3. The fact that a product is faulty, the purchaser shall in no event be entitled to suspend payment or to offset this by paying the invoice amount for any other products that are delivered to the buyer.
10.4. Atelier Werkman guarantees the authenticity of the product, unless the warranty express or implied (for example, by the level of the price for which the product has been paid) is reserved.
10.5. Atelier Werkman opposes the buyer guarantee damage to the product occurring during the guarantee period of 14 days unless the purchaser, or a third party on the basis of the law, is fully or partially liable for the damage. Such a buyer’s liability is always the case with incorrect or improper handling of the product by the purchaser or by third parties. Out of warranty or liability of the is damage caused by or resulting from a lack of the framing.
10.6. Any complaints regarding non-compliance of the product should be subject to forfeiture of rights within two months after collection or after the occurrence of the damage is known to be made in writing to Atelier Werkman.
10.7. If timely manner, and in compliance with all provisions of Articles 10 and 15 complaints have been filed, the consequent Atelier Werkman obligations are as follows:
a. If, in the reasonable opinion of the atelier it has been sufficiently demonstrated that the product is damaged and that Atelier Werkman is liable for this, the will have the choice:
I. repair the product;
II. to grant the buyer a mutually agreed discount on the purchase price;
III. to terminate the agreement.
By fulfilling one of the aforementioned performances Atelier Werkman will respect its obligations to the buyer and is fully discharged;
b. If, in the reasonable opinion of Atelier Werkman it has been satisfactorily demonstrated that the product contrary to a statement of authenticity in accordance with 10 paragraph 4 is not genuine, the buyer is entitled to a refund of the product price paid – without any fee, any loss of interest or otherwise – against simultaneous return of the product to Atelier Werkman, provided that the purchaser returns the product in the state in which it was at the time of delivery. If the buyer cannot return the product in the same condition it was in at the time of delivery of the product, the claims of the buyer expire and Atelier Werkman is not bound to restitution.
10.8. In the event that repairs are carried out on a product by Atelier Werkman, this product is for the risk of the purchaser. Until Atelier Werkman in accordance with paragraph 7 of this Article has taken back a product, the product also remains at risk of the buyer.
11 PRESERVATION OF RIGHTS
11.1. All delivered to the purchaser remain the property of Atelier Werkman until all amounts owed by the buyer for the products delivered or to be delivered, as well as all other amounts which the purchaser has to pay as a result of default, are paid in full.
11.2. As long as the ownership of the goods is not transferred to the buyer, the buyer is not authorized to pledge the products or any grant that third party rights.
11.3. Without prejudice to any powers Atelier Werkman has the right, as long as any amounts resulting from deliveries have not been paid, to retrieve or take the delivered items back.
12 LIABILITY
12.1. In all cases liability of Atelier Werkman arises, as a result of attributable failure in the performance of the contract, only if the buyer sends a default notice to Atelier Werkman in writing, subject to a reasonable recovery period and if Atelier Werkman after that period imputably continues to fall short in the fulfillment of its obligations. The notice must contain a comprehensive and detailed as possible description of the shortcoming to enable Atelier Werkman to respond adequately.
12.2. Atelier Werkman is only liable for losses resulting directly from foreseeable and avoidable shortcomings that are here’s to blame and are directly related to the delivery of the products.
12.3. Any obligation to pay compensation on any grounds whatsoever shall at all times be limited to the price of the product.
12.4. If and insofar as payment or payment under the terms of the previous paragraph, for whatever reason, not applicable, any obligation (legal or otherwise) of Atelier Werkman will be the payment of compensation are limited to the value of the order.
13 FORCE MAJEURE
13.1. If Atelier Werkman fails any obligation to the purchaser, such a shortcoming Atelier Werkman cannot be charged in case of force majeure as referred to in Section 6:75 of the Civil Code.
13.2. Force majeure includes (but is definitely not limited to) fire, disruptions, strikes organized by a recognized association and actions or lack thereof of government, including municipalities (such as import restrictions).
13.3. All the provisions of this paragraph shall apply mutatis mutandis to the supremacy of the suppliers Atelier Werkman and / or any third party involved in the production and supply of the products. All instances of inaction and / or late and / or inadequate performance by the parties will be considered listed in that provision as force majeure for Atelier Werkman.
14 INTELLECTUAL PROPERTY RIGHTS
14.1. All intellectual property rights relating to the services and products of Atelier Werkman and any other documents and materials provided by Atelier Werkman are solely owned by Atelier Werkman. The buyer obtains no (user) rights and / or other powers.
14.2. The purchaser agrees to do not in any way infringe the intellectual property rights of Atelier Werkman or making those rights invalid and/or transfer ownership of such rights in jeopardy.
14.3. The copyright on the paintings and sculptures belong to the artist and are reserved by both the artist and the .
14-4. The buyer is not permitted to publish products purchased and/or to reproduce them. Atelier Werkman can mediate between the artist and the buyer if the buyer wishes to publish the product in any way
15 LIMITATION PERIOD
15.1. Unless these conditions are not otherwise, any rights of action and other powers of the buyer expire within one year after the purchase contract has been concluded.
15.2. Rights and powers to the buyer resulting from the sale agreement with Atelier Werkman are not transferable.
16 SETTLEMENT
Offsetting by the purchaser of a claim of Atelier Werkman with a counterclaim on the is only permitted insofar as the counterclaim has been expressly recognized by the or irrevocably judicially established.
17 OTHERS
17.1. The general conditions of the purchaser, regardless of the naming and form thereof, are expressly excluded, unless agreed otherwise in writing.
17.2. Adjustments to these terms and conditions shall be effective only if the parties agree so in writing.
17.3. The invalidity of any provision of these Terms and Conditions shall not result in the invalidity of the entire Terms and Conditions. In the event that any provision is invalid, the parties will replace it in conjunction with a valid regulation in such a way that the scope of these terms and conditions shall remain in force.
18 COMPLAINTS QUESTIONS OR COMMENTS
18.1. If the buyer has a complaint, question about these conditions and/or other remarks, the buyer can contact Atelier Werkman via the contact details listed in these Terms and Conditions. The buyer can reach Atelier Werkman by telephone, email or letter.
18.2. If the buyer has a complaint, Atelier Werkman will contact the buyer within 14 (fourteen) days after receipt of the complaint. In all other cases Atelier Werkman may decide – but is not obliged – to contact the buyer.
19 CHOICE OF LAW AND FORUM
19.1. These Terms and Conditions and any agreements related thereto are subject to Dutch law.
19.2. All disputes between the parties arising out of or otherwise relating to agreements or these Terms and Conditions will be resolved in consultation as much as possible. Any dispute not resolved by the parties, will be submitted to the competent court in Assen (The Netherlands), unless Atelier Werkman decides to take legal action against the purchaser at the competent court in another state or place of business.