Fotostudio Loek van Walsem, Loek van Walsem Photographic Art, www.loekvanwalsem.com, www.worldwide-art.com are parts of Loek van Walsem Fotografie V.O.F. having its registered office and office at Prins Bernhardlaan 41, 3761AA Soest The Netherlands. Tel. +31 (0) 653454180, K.V.K. 31037541, VAT NL008104.50.732.B.01
These General Terms and Conditions apply to all offers from www.loekvanwalsem.com, www.worldwide-art.com, Fotostudio Loek van Walsem, Loek van Walsem Photographic Art and Loek van Walsem Fotografie VOF, hereinafter referred to as the seller and to all agreements between Seller and Buyer.
In these terms and conditions, "the seller" is understood to mean the natural or legal person who, subject to the applicability of these terms and conditions, enters into an agreement to sell and / or deliver. These terms and conditions apply to every offer from or to and to every agreement with the seller and to the implementation thereof, all exclusively insofar as the seller acts as a selling and/or supplying party or could act as a result of an offer. In these terms and conditions, 'the buyer' is understood to mean the person who, in an offer or agreement in which the seller acts or could act as the selling or supplying party as described above, acts as the seller's counterparty, as well as his
representatives, agents, assigns and heirs.
Seller reserves the right to amend or supplement these terms and conditions from time to time. The amended terms and conditions therefore apply to agreements already concluded, unless this would be contrary to reasonableness and fairness in a concrete situation.
By using the seller's website and/or placing an order, the buyer accepts these General Terms and Conditions as well as all other rights and obligations as stated on the website.
The provisions of these General Terms and Conditions can only be deviated from if this has been expressly agreed in writing.
If the buyer also refers to his general terms and conditions, these terms and conditions do not apply, unless explicitly agreed in writing by the seller.
If one or more articles of these terms and conditions are declared invalid by a court decision, the other provisions of these terms and conditions will remain in full force and the seller and buyer will enter into consultation in order to agree new provisions to replace the invalid or voided provisions. to come, taking into account as much as possible the purpose and purport of the invalid or nullified provisions.
The seller is authorized to make use of third parties in the performance of an agreement with the buyer.
2. Offers and formation of agreements
Each agreement is entered into by the seller on the condition that the buyer proves to be sufficiently creditworthy. The seller is entitled to require the buyer to provide sufficient security to the satisfaction of the seller to cover his obligations towards the seller. The seller is entitled to suspend the performance of the agreement until the required security has been provided. All offers from the seller are without obligation. Offers or quotations should be regarded as an invitation to the potential buyer to make an offer. The seller is not bound by this in any way, unless this has been laid down in writing and unambiguously. The acceptance of the invitation to make an offer by the potential buyer
counts as an offer and only leads to the conclusion of an agreement if the other provisions of this article have been met. There is never an obligation for the seller to conclude an agreement with a potential Buyer.
Offers and agreements are made subject to the availability of products (while stocks last). If a product that is temporarily out of stock is or has been ordered by the Buyer, the seller will indicate when the product is available again.
An agreement is concluded the moment an order confirmation is sent to the buyer by e-mail or by post to the e-mail address or delivery address specified by the buyer. The buyer is bound by his order and will be obliged in the event of a change and / or cancellation of the order and to compensate the damage incurred by the buyer, costs already incurred, loss of profit, loss of interest and the like, regardless of the reason for force majeure including for the change / or cancellation, regardless of the buyer's acceptance thereof. The said loss of profit is deemed to amount to at least 50% of the purchase price. The seller reserves the right to prove and claim a higher amount of damage.
The seller is entitled to terminate the agreement, or to refuse orders, or to attach conditions to this if it has good ground to fear that the buyer will not fulfill his obligations, for example because of experiences in the past.
Buyer and seller explicitly agree that by using electronic communication forms a valid agreement is concluded as soon as the conditions as described above have been met. In particular, the lack of an ordinary signature does not affect the binding force of the offer and its acceptance. Insofar as the law permits, the seller's electronic files apply as presumptive evidence.
Information, images, statements orally, by telephone or by e-mail, etc. with regard to all offers and the most important characteristics of the products are displayed or made as accurately as possible. However, the seller does not guarantee that all offers and products are fully in accordance with the information provided, etc. In principle, deviations cannot give rise to compensation and / or dissolution, unless the deviation is such that the product does not (anymore) comply with what the buyer could reasonably have expected, in which case the provisions for 'exchange and right of withdrawal' of these General Terms and Conditions Conditions apply.
All prices charged by the seller are expressed in euros, in accordance with the legal regulations in this regard, and are - unless stated otherwise - including sales tax, but excluding other government levies and including shipping costs, unless stated otherwise in the product related having information.
If the ordered product must be delivered outside the Netherlands at the request of the buyer, the buyer is liable for payment of any applicable sales tax or import duties.
Any special offers are only valid for the period of validity as stated in that specific offer.
The Buyer owes the price that the seller has communicated to the buyer in his confirmation in accordance with the provisions of these conditions. Obvious errors in the quotation, such as obvious inaccuracies, i.e. errors of which the buyer could reasonably have suspected that a mistake was involved, can also be corrected by the seller after the conclusion of the agreement.
Shipping costs are in principle included in the price of the product itself, unless stated otherwise. The amount of the shipping costs to be paid by the buyer is stated on the internet site. Special rates apply for delivery outside the Netherlands. With regard to certain payment methods, further conditions apply with regard to the delivery method and associated costs. This is clearly communicated to the buyer.
The seller reserves the right to change the stipulated price after the conclusion of the agreement. If the price is increased, the buyer has the right to dissolve the agreement without obligation on the part of the seller to pay compensation. This authority does not accrue to the buyer if it has been agreed that the delivery will take place more than three months after the conclusion of the agreement.
Orders via the website can be paid in a number of ways. This is indicated on the internet site (see FAQ). Seller may expand payment options in the future. New payment options will be announced via the internet site.
The full price must be received by the seller within fourteen days of the invoice date or, if earlier, before delivery. Partial payment never obliges the seller to make any delivery. As long as any amount or security owed by the buyer to the seller for whatever reason remains unpaid or has not been provided, the buyer cannot rely on the fact that any price has been paid. In the context of the foregoing, the buyer is equated with any third party who has, has had or will acquire financial or organizational ties with the buyer. If, in connection with the above, the price has not been paid in full or can be deemed not to have been paid in full at the originally agreed time, the agreed delivery times will not start to run until this is the case. Anything delivered by the seller before full payment in accordance with the foregoing can be reclaimed by it as delivered incorrectly and cannot in any way put the seller in a more disadvantageous position than he would have been without this delivery. Costs of receipt and return and during the period between receipt and return related to the delivered goods, are for the account of the buyer. Before any obligation on the part of the seller
is due and payable, the consequences of non-fulfillment of that obligation by the seller can never occur and the seller can never be invoked against doubts as to the fulfillment of its obligations. The buyer will be in default immediately after the final payment date without notice of default. Payments by the buyer, irrespective of any statements to the contrary from the buyer, always serve to settle the payments owed by the buyer to the seller, for whatever reason, in the following order: interest and costs relating to not (anymore) on grounds of a retention of title goods that the seller has delivered to the buyer, the price of the aforementioned goods, other amounts owed by the buyer to the seller, interest and costs with regard to goods that are (still) recoverable by the seller on the basis of a retention of title, by him sold to the buyer and, finally, the price of the latter items, on the understanding that within each category mentioned, the item outstanding for the longest time is always deemed to be paid first. Payments made before the moment of due and / or expiry of due and payable never give any right to discount, interest or refund. The buyer is not entitled to any set-off of prices, interest and costs owed by him against claims against the seller, insofar as the latter claims have not been explicitly included by the seller in the relevant invoice as a credit item. Any promised discounts will lapse as soon as the customer is in default with regard to the discounted price. The seller is not obliged to issue receipts for payments. Discharge of any principal amount given by the seller without express discharge of interest and costs will never imply the latter discharge. Discharge in respect of a payment given by the seller only concerns the payment for which discharge is expressly granted and not, for example, payments due previously.
In the event of non-payment or late payment by the buyer, an interest of 2.0% per month is due per day on which the payment should have been made at the latest until the day of full payment on the outstanding amount, whereby a month commenced for a full month
The buyer is prohibited from making use, including making changes, of the intellectual property rights associated with the purchased product, such as reproduction, without the explicit prior written consent of the seller, its suppliers or other entitled parties, unless it is purely for private use. in relation to the product itself. In the case of sale and delivery of goods, all rights are expressly reserved, which relate to the intellectual property of the design and production method of the calculation.
All (extra) judicial costs of any nature whatsoever, which the seller had to incur as a result of the buyer's non-compliance with his (payment) obligations, will also be borne by the buyer.
In the event of late payment, the seller is authorized to dissolve the agreement with immediate effect or to suspend (further) delivery until the moment at which the Buyer has fully complied with the payment obligations, the payment of including interest and costs. Everything - payment or otherwise - to which the seller is entitled with regard to the obligations arising from any purchase agreement or these conditions, nothing excepted, is jointly and severally owed by the owner, driver, or by whomever has the power to dispose of the goods, irrespective of whether they have issued orders to the seller for the delivery of goods or services in their own name and / or for their own account, or for the account of third parties, on the understanding that performance by the seller to one of them frees the other. In case an artwork has to be specially ordered in a requested size or print, prepayment is required and cancellation of the purchase is no longer possible.
5. Delivery and delivery time
Orders are of course delivered as soon as possible. The agreed delivery times are only an indication and never a deadline. The seller can state further information about delivery times on the internet site or make it known in writing or orally in some other way. Such information is only indicative. Also in case of deviations from the delivery term, for whatever reason, the buyer is obliged to accept the purchased item. In the event of late delivery, the buyer will give the seller a notice of default by registered letter and allow him a reasonable period of at least 14 working days (+ shipping time) to still fulfill the delivery. Only if the seller does not comply with the delivery within that reasonable period, does the buyer have the right to dissolve the agreement without the seller being obliged to compensate any damage. Any contractual penalty expressly stated for exceeding the delivery term is not due if the exceeding is the result of force majeure.
Deliveries take place at the address specified by the buyer during the conclusion of the agreement. All this will be communicated to the Buyer in good time.
The seller will arrange for delivery by mail or dispatch in any other way at the seller's option. Delivery by post or dispatch in any other way takes place only after payment for the products to be delivered has been received by the seller.
The seller is entitled to make partial delivery. The additional costs of the subsequent delivery are borne by the seller.
Different conditions may apply to deliveries abroad.
6. Exchange and right of withdrawal
If there is a consumer purchase at a distance, the buyer has the right to dissolve the agreement without giving any reason within seven working days after receipt of the product, with the explicit exception of an artwork that is specially ordered in a requested size or print. The costs of returning the product will be borne by the Buyer. Products must be returned properly and properly packaged, including purchase invoice. The products must not be damaged. The complete undamaged packaging must also be present. If these conditions are not met, costs will be charged for returning / canceling the order. These costs will cover a certain percentage of the purchase amount and will be determined by the seller. If an order is already refused at the door, the costs incurred by the seller will be charged at all times.
The buyer is obliged to carefully inspect the products or have them inspected immediately upon receipt. Complaints with regard to defects in the products must be made in writing and as soon as possible, but no later than within 7 days after posting or - in the case of non-visible defects - within 21 days after the defects could reasonably be detected. If the buyer is a consumer within the meaning of the law, this period is 2 months after discovery of the defect. The buyer will, at his choice, simply receive his money back or a voucher if and as soon as the product has been returned by the seller and the complaint has been found to be justified. The costs of returning the product are at the expense of the seller.
Without prejudice to the law and the further stipulations in these General Terms and Conditions, complaints cannot be made due to a defect in the product if there is wear and tear that can be considered normal and further in the following cases:
6a. If changes have been made in or to the product after delivery, including repairs that have not been carried out with the permission of the seller or the maker of the product
6b. if the buyer cannot prove that he bought the product from the seller
6c. if the defects are the result of non-intended use or improper use
6d. if damage is caused by intent, gross negligence or negligent maintenance.
Claims and defenses based on facts that could justify the assertion that the delivered product does not comply with the agreement, expire 1 year after the notification by the buyer to the seller, unless the buyer is a consumer, in which case a term of two years applies.
If the delivered item does not comply with the agreement, the seller is only obliged at his choice to deliver the missing product, repair the delivered product or replace the delivered product, unless repair or replacement is impossible or cannot be required of the seller, in which case if the buyer is allowed to dissolve the agreement or reduce the purchase price in proportion to the degree of deviation from the agreed.
7. Retention of title
Ownership of products, notwithstanding the actual delivery, is only transferred to the buyer after the buyer has paid in full all that the buyer owes in respect of any agreement with the seller, including compensation of interest and costs, also of earlier or later deliveries and any work performed or to be performed with regard to the products.
The buyer may not tax, sell, resell, dispose of or otherwise encumber the products before the ownership has passed to them. The seller is authorized, but never obliged to deliver goods to the customer for which no payment has yet been made of the price, transport costs and / or claims due to the buyer's failure to fulfill his obligations. If the seller nevertheless puts the goods under the control of the buyer as referred to above, the seller remains the owner of the goods
delivered until the buyer, with due observance of what has been determined above with regard to payment, has fully paid the price, transport costs and claims as referred to above. has satisfied. The buyer is authorized to transfer the goods subject to retention of title to third parties, provided this is done at a minimum price that the buyer owes the seller with regard to the goods in question and against cash, prior payment or subject to an equal retention of title. The buyer is expressly not permitted to pledge these items to third parties or to hand them over to third parties who can obtain a right of retention thereon. As long as the seller still owns the delivered products, the buyer is obliged to return the goods to the seller at the first request of the seller by means of a route to be determined by the seller. After return, the buyer retains full consideration and any interest, b costs and costs, which are only deducted from any amount already received by the seller as a result of the seller's realization of the goods. The seller is not obliged to cash in on this or in any specific manner or time. Nor is the seller obliged to assert its rights under the reserved property. The sale, delivery or transfer never includes any part of or right from the intellectual and industrial property rights of the seller. All packaging and transport materials not intended for single use, such as pallets, pallet boxes and containers, which reach the buyer, remain the property of the seller and must be made available to the seller by the buyer at the first request. As soon as the buyer fails to do so, he is obliged, without prejudice to the seller's rights from the above, to compensate the seller for the replacement value of the goods concerned.
The seller can only be held liable for damage that can be attributed to his intentional act or gross negligence, or that has arisen due to circumstances that are at his risk on the basis of mandatory legal rules. The seller is never liable for consequential or business damage, indirect damage and loss of profit or turnover.
If the seller, for whatever reason, is obliged to compensate any damage, the compensation will never exceed an amount equal to the invoice value with regard to the product or service that caused the damage. The seller is never obliged to pay compensation other than property and / or personal damage.
The buyer is obliged to indemnify the seller against any claim that third parties might assert against the seller with regard to the performance of the agreement, insofar as the law does not prevent the relevant damage and costs from being borne by the Buyer.
It is possible that the seller includes links on its internet site to other internet sites that may be interesting or informative for the visitor. Such links are for informational purposes only. The seller is not responsible for the content of the internet site to which reference is made or the use that can be made of it.
The products are sold as they are. In the event that the seller provides services, such as providing solicited or unsolicited advice, the following applies with regard to liability: When advice is given by or on behalf of the seller, no liability can be accepted for this. The buyer indemnifies the seller against all claims that third parties may institute against the seller in connection with the aforementioned advice. The seller also accepts no liability for not giving advice in cases where the buyer believes that advice should have been given.
9. Force majeure
In the event of force majeure, the seller is not obliged to fulfill its obligations towards the buyer, or the obligation to perform is suspended for the duration of the force majeure. In the event of force majeure, the seller has the right, without being obliged to pay any compensation, to declare the agreement dissolved in whole or in part, without any judicial intervention being required. All this does not affect the buyer's obligation to pay for what has already been delivered and costs already incurred.
Force majeure is understood to mean any circumstance beyond the seller's will, which prevents the fulfillment of its obligations towards the Buyer in whole or in part. These circumstances include strikes, fires, business disruptions, power failures, non-delivery or late delivery by suppliers or other third parties and the lack of any government permit. Force majeure also includes failures in a (telecommunication) network, connection or communication systems used and / or
the unavailability of the internet site at any time.
10. Intellectual Property
The buyer explicitly acknowledges that all intellectual property rights of displayed information, communications or other expressions with regard to the products and / or with regard to the internet site rest and remain with the seller, its suppliers or other entitled parties. The agreement therefore does not involve any transfer of intellectual property rights.
10a. The buyer is prohibited from making use, including making changes, of the intellectual property rights associated with the purchased product, such as reproduction, without the explicit prior written consent of the seller, its suppliers or other entitled parties, unless it is purely for private use. in relation to the product itself. All rights are expressly reserved for the sale and delivery of goods that relate to the intellectual property of the design and production method of the item sold. These rights do not form part of the purchase agreement, unless expressly deviated from in writing. Imitation by or on behalf of the buyer is prohibited, as is making the sold items available to third parties who
can reasonably be expected to imitate the purchased items. In case of violation of this prohibition, the buyer forfeits a fine of 50% of the purchase price that cannot be moderated, with a minimum of EUR 500 per case or article produced.
10b. The buyer undertakes to impose the prohibition contained in this article, together with the penalty clause, on his legal successors and also to impose the prohibition, together with the penalty clause, on his legal successors, such that those legal successors are bound towards the seller in this regard.
10c. In the event of non-fulfillment of the obligations arising from the previous paragraph, the buyer will be liable for the actions of his legal successors and forfeit an immediately payable and not subject to moderation to the seller of EUR 5,000 per case.
11. Personal data
The Seller will observe the applicable privacy rules and legislation.
12. Applicable law and competent court
Dutch law applies to all agreements concluded by the seller, as well as the obligations arising therefrom. All disputes arising from or in connection with these terms and conditions and the legal relationships arising between the parties will only be tried by a competent court in The Netherlands.
The seller is located at Prins Bernhardlaan 41, 3761AA Soest, the Netherlands. Tel. +31 (0) 653454180, K.V.K. 31037541. VAT NL008104.50.732.B.01
Loek van Walsem Fotografie V.O.F., This is also the visiting address in case of complaints.
The seller can be reached by telephone for information on working days from 10 a.m. to 9 p.m. from Monday to Friday and on the weekends from 1 p.m. to 5 p.m. on number +31 (0) 653454180. to answer.
14. Dutch text prevails
The Dutch text of these general terms and conditions prevails over translations thereof.