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Terms and Conditions

Terms and Conditions

Laurie Scholten Art

E-mail: info@lauriescholten.nl
Website: www.lauriescholten.nl

1. Laurie Scholten Art: Laurie Scholten Art, established in Heeze, Chamber of Commerce no. 72939117.

2. Customer: the party which Laurie Scholten Art has entered into an agreement with.
3. Parties: Laurie Scholten Art and customer together.
4. Consumer: a customer who is an individual acting for private purposes.

Applicability

  1. These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Laurie Scholten Art.
  2. Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
  3. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions ofthe customer or of third parties.

Prices

  1. All prices used by Laurie Scholten Art are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
  2. Laurie Scholten Art is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time.
  3. Increases in the cost prices of products or parts thereof, which Laurie Scholten Art could not foresee at the time of making an offer or the conclusion of the agreement, may give rise to price increases.
  4. The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of statutory regulation.

Samples / models

If the customer has received a sample or model of a product, he cannot derive any rights from this other than that it is an indication of the nature of the product, unless the parties have explicitly agreed that the products be supplied conform to the sample or model.

Payments and payment term

  1. Laurie Scholten Art may, at the conclusion of the agreement, require a down payment of up to 50% of the agreed amount.
  2. The customer must have paid the full amount within 14 days, after delivery.
  3. Payment terms are considered as fatal payment terms. This means that if the customer has not paid the agreedamount at the latest on the last day of the payment term, he is legally in default, without Laurie Scholten Art havingto send the customer a reminder or to put him in default.
  4. Laurie Scholten Art reserves the right to make a delivery conditional upon immediate payment or to requireadequate security for the total amount of the services or products.

Consequences of late payment

  1. If the customer does not pay within the agreed term, Laurie Scholten Art is entitled to charge an interest of 2% per month for non-commercial transactions from the day the customer is in default, whereby a part of a month is counted for a whole month.
  2. When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to Laurie Scholten Art.
  3. The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.
  4. If the customer does not pay on time, Laurie Scholten Art may suspend its obligations until the customer has met hispayment obligation.
  5. In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claimsof Laurie Scholten Art on the customer are immediately due and payable.
  6. If the customer refuses to cooperate with the performance of the agreement by Laurie Scholten Art, he is stillobliged to pay the agreed price to Laurie Scholten Art.

Right of recovery of goods

  1. As soon as the customer is in default, Laurie Scholten Art is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
  2. Laurie Scholten Art invokes the right of recovery by means of a written or electronic announcement.
  3. As soon as the customer has been informed of the claimed right of recovery, the customer must immediately returnthe products concerned to Laurie Scholten Art, unless the parties agree to make other arrangements about this.
  4. The costs for the collection or return of the products are at the expense of the customer.

Right of withdrawal

  1. A consumer may cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that:the product has not been used
    it is not a product that can spoil quickly, like food or flowers
    the product is not specially tailored for the consumer or adapted to its special needs
    it is not a product that may not be returned for hygienic reasons (underwear, swimwear, etc.)
    the seal is still intact, when the product is a data carrier with digital content (DVDs, CDs, etc.)
    the product is not a (holiday)trip, a transportation ticket, a catering order or a form of leisure activity, the product is not a separate magazine or a loose newspaper
    the consumer has not renounced his right of withdrawal
  2. The cooling-off period of 14 days as referred to in paragraph 1 commences:
    on the day after the consumer has received the last product or part of 1 order
    as soon as the consumer has received the first the product of a subscription
    as soon as the consumer has confirmed the purchase of digital content via the internet
  3. The consumer can notify his right of withdrawal via info@lauriescholten.nl, if desired by using the withdrawal form that can be downloaded via the website of Laurie Scholten Art, www.lauriescholten.nl.
  4. The consumer is obliged to return the product to Laurie Scholten Art within 14 days after the notification of his right of withdrawal, after which period his right of withdrawal will lapse.

Reimbursement of delivery costs

  1. If the purchase costs and any other costs (such as shipping and return costs) are eligible for reimbursement according to the law, Laurie Scholten Art will refund these costs to the consumer within 14 days of receipt of the timely appeal to the right of withdrawal, provided that the consumer has returned the product to Laurie Scholten Artin time.
  2. The costs for return are only reimbursed by Laurie Scholten Art if the complete order is returned.

Reimbursement of return costs

If the consumer invokes his right of withdrawal and returns the entire order on time, the costs for returning the complete order will be borne by the consumer.

Suspension of obligations by the customer

The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

Right of retention

  1. Laurie Scholten Art can appeal to his right of retention of title and in that case retain the products sold by Laurie Scholten Art to the customer until the customer has paid all outstanding invoices with regard to Laurie Scholten Art, unless the customer has provided sufficient security for these payments.
  2. The right of retention of title also applies on the basis of previous agreements from which the customer still owes payments to Laurie Scholten Art.
  3. Laurie Scholten Art is never liable for any damage that the customer may suffer as a result of using his right of retention of title.

Settlement

The customer waives his right to settle any debt to Laurie Scholten Art with any claim on Laurie Scholten Art.

Retention of title

  1. Laurie Scholten Art remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to Laurie Scholten Art under whatever agreement with Laurie Scholten Artincluding of claims regarding the shortcomings in the performance.
  2. Until then, Laurie Scholten Art can invoke its retention of title and take back the goods.
  3. Before the property is transferred to the customer, the customer may not pledge, sell, dispose of or otherwiseencumber the products.
  4. If Laurie Scholten Art invokes its retention of title, the agreement will be dissolved and Laurie Scholten Art has theright to claim compensation, lost profits and interest.

Delivery

  1. Delivery takes place while stocks last.
  2. Delivery takes place at Laurie Scholten Art unless the parties have agreed upon otherwise.
  3. Delivery of products ordered online takes place at the address indicated by the customer.
  4. If the agreed price is not paid on time, Laurie Scholten Art has the right to suspend its obligations until the agreedprice is fully paid.
  5. In the event of late payment, the customer is automatically in default, and hereby he cannot object to late deliveryby Laurie Scholten Art.

Delivery period

  1. Any delivery period specified by Laurie Scholten Art is indicative and does not give the customer the right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.
  2. The delivery starts once the customer has fully completed the (electronic) ordering process and received an (electronic) confirmation of his order from Laurie Scholten Art.
  3. Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless Laurie Scholten Art cannot deliver within 14 days after the customer has urged him to do so in writing or if the parties have agreed upon otherwise.

Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can take place in time.

Transport costs

Transport costs are paid by the customer, unless the parties have agreed upon otherwise.

Packaging and shipping

  1. If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product. In the absence of which Laurie Scholten Art may not be held liable for any damage.
  2. If the customer himself takes care of the transport of a product, he must report any visible damage to products or the packaging prior to the transport to Laurie Scholten Art, failing which Laurie Scholten Art cannot be held liable for any damage.

Insurance Storage

  1. If the customer orders products later than the agreed delivery date, the risk of any quality loss is entirely for the customer.
  2. Any extra costs as a result of premature or late purchase of products are entirely at the customer’s expense.

Guarantee

  1. The warranty relating to products only applies to defects caused by faulty manufacture, construction or material.
  2. The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changesmade to the product, negligence or improper use by the customer, or when the cause of the defect cannot clearly beestablished.
  3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, will passon to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or of a third party who receives the product for the benefit of the customer.

Exchange

  1. Exchange is only possible if the following conditions are met:exchange takes place within 7 days after purchase upon presentation of the original invoice
    the product is returned in the original packaging or with the original (price) tags still attached to it the product has not been used
  2. Discounted items, non-shelf articles such as food, custom made items or specially adapted articles for the customer __________ cannot be exchanged.

Indemnity

The customer indemnifies Laurie Scholten Art against all third-party claims that are related to the products and/or services supplied by Laurie Scholten Art.

Complaints

1. The customer must examine a product or service provided by Laurie Scholten Art as soon as possible for possible shortcomings.

  1. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Laurie Scholten Art of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
  2. Consumers must inform Laurie Scholten Art of this within two months after detection of the shortcomings.
  3. The customer gives a detailed description as possible of the shortcomings, so that Laurie Scholten Art is able torespond adequately.
  4. The customer must demonstrate that the complaint relates to an agreement between the parties.
  5. If a complaint relates to ongoing work, this can in any case not lead to Laurie Scholten Art being forced to performother work than has been agreed.

Giving notice

1. The customer must provide any notice of default to Laurie Scholten Art in writing.
2. It is the responsibility of the customer that a notice of default actually reaches Laurie Scholten Art (in time).

Joint and several Client liabilities

If Laurie Scholten Art enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to Laurie Scholten Art under that agreement.

Liability of Laurie Scholten Art

  1. Laurie Scholten Art is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.
  2. If Laurie Scholten Art is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.
  3. Laurie Scholten Art is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
  4. If Laurie Scholten Art is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.
  5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Expiry period

Every right of the customer to compensation from Laurie Scholten Art shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6: 89 Dutch Civil Code.

Dissolution

  1. The customer has the right to dissolve the agreement if Laurie Scholten Art imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.
  2. If the fulfillment of the obligations by Laurie Scholten Art is not permanent or temporarily impossible, dissolution can only take place after Laurie Scholten Art is in default.
  3. Laurie Scholten Art has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give Laurie Scholten Art good grounds to fear that the customer will not be able to fulfill his obligations properly.

Force majeure

  1. In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Laurie Scholten Art in the fulfillment of any obligation to the customer cannot be attributed to Laurie Scholten Art in any situation independent of the will of Laurie Scholten Art, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from Laurie Scholten Art .
  2. The force majeure situation referred to in paragraph 1 is also applicable – but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
  3. If a situation of force majeure arises as a result of which Laurie Scholten Art cannot fulfill one or more obligations towards the customer, these obligations will be suspended until Laurie Scholten Art can comply with it.
  4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
  5. Laurie Scholten Art does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.

Modification of the agreement

If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.

Intellectual property

  1. Laurie Scholten Art retains all intellectual property rights (including copyright, patent rights, trademark rights, design rights, etc.) to all products, designs, drawings, writings, media with data or other information, quotations, images, sketches, models, mock-ups, etc., unless otherwise agreed upon in writing by the parties.
  2. The customer may not copy, show to third parties, make available, or otherwise use the aforementioned intellectual property rights without prior written consent from Laurie Scholten Art.

Changes in the general terms and conditions

  1. Laurie Scholten Art is entitled to amend or supplement these general terms and conditions.
  2. Changes of minor importance can be made at any time.
  3. Major changes in content will be discussed by Laurie Scholten Art with the customer in advance as much as possible.
  4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.

Transfer of rights

  1. The customer cannot transfer its rights deferring from an agreement with Laurie Scholten Art to third parties without the prior written consent of Laurie Scholten Art.
  2. This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.

Consequences of nullity or annullability

  1. If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.
  2. A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Laurie Scholten Art had in mind when drafting the conditions on that issue.

Applicable law and competent court

  1. Dutch law is exclusively applicable to all agreements between the parties.
  2. The Dutch court in the district where Laurie Scholten Art is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.

Attribution

These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.com/nl /nl).

Drawn up on 08 december 2023.