General

Table of contents

Article 1 – Definitions

Article 2 – Identity of the economic operator

Article 3 – Applicability

Article 4 – The offer

Article 5 – The agreement

Article 6 – Right of withdrawal

Article 7 – Obligations of the consumer during the cooling-off period

Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof

Article 9 – Obligations of the entrepreneur in the event of withdrawal

Article 10 – Exclusion of the right of withdrawal

Article 11 – The price

Article 12 – Compliance and additional warranty

Article 13 – Delivery and execution

Article 14 – Duration transactions: duration, termination and extension

Article 15 – Payment

Article 16 – Complaints procedure

Article 17 – Disputes

Article 18 – Additional or different provisions

Article 19 – Purchase of a Work of Art

Article 1 – Definitions

For the purposes of these terms and conditions, the following definitions apply:

  1. Additional Agreement: an agreement whereby the Consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are provided by the Entrepreneur or by a third party on the basis of an agreement between that third party and the Entrepreneur;
  2. Cooling-off period: the period within which the consumer can exercise his right of withdrawal;
  3. Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
  4. Day: calendar day;
  5. Digital content: data that is produced and delivered in digital form;
  6. Continuing performance agreement: an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period of time;
  7. Durable data carrier: any tool – including e-mail – that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation or use for a period of time that is appropriate to the purpose for which the information is intended, and that allows the unchanged reproduction of the stored information;
  8. Right of withdrawal: the consumer’s ability to withdraw from the distance contract within the cooling-off period;
  9. Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;
  10. Distance contract: an agreement concluded between the entrepreneur and the consumer in the context of an organised system for the distance sale of products, digital content and/or services, in which one or more techniques of distance communication are used exclusively or partly up to and including the conclusion of the agreement;
  11. Model withdrawal form: the European model withdrawal form included in Annex I of these Terms and Conditions. Annex I does not have to be made available if the consumer does not have a right of withdrawal with regard to his order;
  12. Technique for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having to be together in the same room at the same time.
  13. Work of art: the work that is further indicated in the agreement between the consumer and entrepreneur.

Article 2 – Identity of the economic operator

Treasure makers

Schoolstraat 7, 7586AR Overdinkel, The Netherlands

Phone number: +31 6 24 22 64 79

Email address: kellyhaynes@schatmakertjes.nl

Chamber of Commerce number: 72927836

VAT identification number: NL001408049B03

If the activity of the entrepreneur is subject to a relevant authorisation scheme: the

information about the supervisory authority.

If the entrepreneur pursues a regulated profession:

  • the professional association or organisation to which he is affiliated;
  • the professional title, the place in the EU or the European Economic Area where it was awarded;
  • a reference to the professional rules applicable in the Netherlands and indications of where and how these professional rules can be accessed.

Article 3 – Applicability

  1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance agreement 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, the entrepreneur will indicate before the distance agreement is concluded, how the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge at the request of the consumer.
  3. If the distance contract is concluded electronically, in derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance agreement is concluded where the general terms and conditions can be accessed electronically and that they will be sent by electronic means or otherwise free of charge at the request of the consumer.
  4. In the event that specific product or service terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favourable to him in the event of conflicting conditions.
  5. Special conditions may apply to the purchase of Artwork, see article 19.

Article 4 – The offer

  1. If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
  2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
  3. Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer.
  4. Special conditions may apply to the purchase of Artwork, see article 19.

Article 5 – The agreement

  1. Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance by the consumer of the offer and the fulfilment of the conditions set therein.
  2. If the consumer has accepted the offer by electronic means, the entrepreneur will immediately confirm receipt of the acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
  3. If the agreement is concluded electronically, the entrepreneur takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
  4. The entrepreneur can inform himself within legal frameworks whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the execution, stating reasons.
  5. The entrepreneur will send the following information to the consumer at the latest upon delivery of the product, service or digital content, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
  1. the visiting address of the entrepreneur’s establishment where the consumer can go with complaints;
  2. the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  3. the information about warranties and existing after-sales service;
  4. the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
  5. the requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration;
  6. if the consumer has a right of withdrawal, the model withdrawal form.
  1. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
  2. Special conditions may apply to the purchase of Artwork, see article 19.

Article 6 – Right of withdrawal

Upon delivery of products:

  1. When purchasing products, the consumer has the option of dissolving the agreement without giving reasons for a period of 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur. Special conditions may apply to the purchase of Artwork, see article 19.
  2. The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party other than the carrier designated in advance by the consumer, has received the product, or:
  1. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided that he has clearly informed the consumer about this prior to the ordering process, refuse an order of multiple products with a different delivery time.
  2. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or part;
  3. in the case of contracts for the regular delivery of products during a certain period, the day on which the consumer, or a third party designated by him, has received the first product.
  4. Special conditions may apply to the purchase of Artwork, see article 19.

In the case of services and digital content that is not supplied on a tangible medium:

  1. The consumer can dissolve a service agreement and a contract for the supply of digital content that has not been delivered on a tangible medium for a minimum of 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige him to state his reason(s).
  2. The cooling-off period referred to in paragraph 3 starts on the day following the conclusion of the agreement.

Extended cooling-off period for products, services and digital content that has not been delivered on a tangible medium if you do not inform about the right of withdrawal:

  1. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
  2. If the entrepreneur has provided the information referred to in the previous paragraph to the consumer within twelve months of the effective date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.
  3. Special conditions may apply to the purchase of Artwork, see article 19.

Article 7 – Obligations of the consumer during the cooling-off period

  1. During the cooling-off period, the consumer will handle the product and its packaging with care. He shall only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
  2. The consumer is only liable for any depreciation of the product resulting from a way of handling the product that goes beyond what is permitted in paragraph 1.
  3. The consumer is not liable for any depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the time of concluding the agreement.
  4. Special conditions may apply to the purchase of Artwork, see article 19.

Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof

  1. If the consumer makes use of his right of withdrawal, he must report this to the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
  2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorised representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to pick up the product himself. In any case, the consumer has observed the return period if he returns the product before the cooling-off period has expired.
  3. The consumer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
  4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
  5. The consumer bears the direct costs of returning the product.
  6. If the consumer withdraws after first having expressly requested that the provision of the service that has not been made ready for sale commences in a limited volume or certain quantity during the cooling-off period, the consumer owes the entrepreneur an amount that is proportional to that part of the obligation that has been fulfilled by the entrepreneur at the time of withdrawal, full performance of the obligation.
  7. The consumer does not bear any costs for the performance of services that have not been made ready for sale in a limited volume or quantity, if:
  8. the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs in the event of withdrawal or the model form for withdrawal, or;
  9. The consumer shall not bear any costs for the full or partial supply of digital content not supplied on a tangible medium, if:
  1. he has not expressly agreed to the commencement of the performance of the agreement before the end of the cooling-off period prior to its delivery;
  2. he has not acknowledged that he loses his right of withdrawal when granting his consent; or
  3. The entrepreneur has failed to confirm this statement by the consumer.
  1. If the consumer makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law.
  2. Special conditions may apply to the purchase of Artwork, see article 19.

Article 9 – Obligations of the entrepreneur in the event of withdrawal

  1. If the entrepreneur makes it possible for the consumer to report withdrawal electronically, he will immediately send a confirmation of receipt after receiving this notification.
  2. The entrepreneur will reimburse all payments from the consumer, excluding any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait to refund until he has received the product or until the consumer proves that he has returned the product, whichever is earlier.
  3. The entrepreneur uses the same means of payment that the consumer used for reimbursement, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
  4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.
  5. Special conditions may apply to the purchase of Artwork, see article 19.

Article 10 – Exclusion of the right of withdrawal

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in good time before concluding the agreement:

  1. Products or services whose price is linked to fluctuations in the financial market over which the trader has no influence and which may occur within the withdrawal period;
  2. Agreements concluded during a public auction. A public auction is understood to mean a sales method in which products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or is given the opportunity to be present in person at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
  3. Service agreements, after full performance of the service, but only if:
  1. the execution has started with the express prior consent of the consumer; and
  2. the consumer has stated that he loses his right of withdrawal as soon as the entrepreneur has fully performed the agreement;
  1. Products manufactured to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
  2. Products that spoil quickly or have a limited shelf life;
  3. Products that are irrevocably mixed with other products after delivery due to their nature;
  4. The supply of digital content other than on a tangible medium, but only if:
  1. the execution has started with the express prior consent of the consumer; and
  2. The consumer has stated that he loses his right of withdrawal as a result.

15. Special conditions may apply to the purchase of Artwork, see article 19.

Article 11 – The price

  1. The entrepreneur makes use of the Dutch Small Business Scheme (KOR).
  2. The prices mentioned in the range of products or services are exempt from VAT.
  3. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates or the Dutch Small Business Scheme (KOR).
  4. Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are bound by fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This fact that the prices are subject to fluctuations and the fact that any prices quoted are indicative prices are indicated in the offer.
  5. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
  6. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:

a. they are the result of statutory regulations or provisions; or

b. the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.

  1. Special conditions may apply to the purchase of Artwork, see article 19.

Article 12 – Fulfilment of the agreement and additional guarantee

  1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. An extra warranty provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to comply with his part of the agreement.
  3. An additional warranty is understood to mean any obligation of the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in the event that he has failed to comply with his part of the agreement.
  4. Special conditions may apply to the purchase of Artwork, see article 19.

Article 13 – Delivery and execution

  1. The entrepreneur will exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
  2. The place of delivery is the address that the consumer has made known to the entrepreneur.
  3. With due observance of what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed but no later than within 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot be fulfilled or can only be partially executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
  4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
  5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative appointed in advance and made known to the entrepreneur, unless explicitly agreed otherwise.
  6. Special conditions may apply to the purchase of Artwork, see article 19.

Article 14 – Duration transactions: duration, termination and extension

Termination:

  1. The consumer can terminate an agreement that has been entered into for an indefinite period of time and that serves to deliver products or services on a regular basis, subject to the agreed termination rules and a notice period of no more than one month.
  2. The consumer can terminate an agreement that has been entered into for a definite period of time and that is intended to deliver products or services regularly at any time by the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
  3. The consumer may conclude the contracts referred to in the previous paragraphs:
  • terminate at any time and not be limited to termination at a specific time or in a certain period;
  • at least denounce in the same way as they were entered into by him;
  • always terminate with the same notice period as the entrepreneur has stipulated for himself.

Extension:

  1. An agreement that has been entered into for a definite period of time and that aims to deliver products or services regularly may not be tacitly extended or renewed for a fixed period.
  2. Contrary to the previous paragraph, an agreement that has been entered into for a fixed period of time may be terminated by the consumer with a notice period of no more than one month if the consumer can terminate this extended agreement at the end of the extension.
  3. An agreement that has been entered into for a fixed period of time and that aims at the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer is entitled to terminate at any time with a notice period of no more than one month. The notice period is a maximum of three months if the agreement extends to the regular, but less than once a month, delivery of daily, news, weekly, and periodicals.
  4. An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines for introduction (trial or introductory subscription) will not be tacitly continued and will end automatically at the end of the trial or introductory period.

Expensive:

  1. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed term.

Work of art:

  1. Special conditions may apply to the purchase of Artwork, see article 19.

Article 15 – Payment

  1. Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement. In the case of a contract for the provision of a service, this period starts on the day after the consumer has received the confirmation of the contract.
  2. When selling products to consumers, the consumer may never be obliged to pay in advance of more than 50% in general terms and conditions. If payment in advance has been stipulated, the consumer cannot assert any right regarding the execution of the order or service(s) in question before the stipulated advance payment has been made.
  3. The consumer has the obligation to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
  4. If the consumer does not meet his payment obligation(s) on time, he will owe the statutory interest on the amount still owed after he has been pointed out by the entrepreneur to the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, after the failure to pay within this 14-day period, the statutory interest will be owed on the amount still due and the entrepreneur will be entitled to charge the extrajudicial collection costs incurred by him bring. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500,=; 10% on the next € 2.500,= and 5% on the next € 5.000,= with a minimum of € 40,=. The entrepreneur can deviate from the amounts and percentages mentioned in favor of the consumer.
  5. Special conditions may apply to the purchase of Artwork, see article 19.

Article 16 – Complaints procedure

  1. For complaints, the consumer can contact kellyhaynes@schatmakertjes.nl.
  2. Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has discovered the defects, fully and clearly described.
  3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the period of 14 days with a notification of receipt and an indication of when the consumer can expect a more detailed answer.
  4. The consumer must in any case give the entrepreneur 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to dispute resolution.
  5. Special conditions may apply to the purchase of Artwork, see article 19.

Article 17 – Disputes

  1. Agreements between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law.
  2. Special conditions may apply to the purchase of Artwork, see article 19.

Article 18 – Additional or different provisions

Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

Article 19 – Purchase of a Work of Art

  1. If the agreement concerns the purchase of a work of art, the details of the work of art, the details of the consumer, the method of payment, the method of delivery and other details will be recorded in the agreement to be drawn up.
  2. A specified period for delivery is always indicative, unless explicitly agreed otherwise.
  3. Delivery of the artwork will take place in the manner agreed in the agreement.
  4. Complaints about defects in the purchased artwork must be submitted to the entrepreneur in good time after they have been discovered, in any case within 14 days. Failure to complain in time will result in loss of rights.
  5. Repairs and other work by the entrepreneur on a work of art that is the property of the consumer will always be carried out on the basis of an obligation to perform to the best of one’s ability.
  6. Upon delivery of the artwork, the consumer is obliged to inspect the work performed. If the consumer does not find the work performed in order, he will make this known to the entrepreneur immediately, preferably in writing.
  7. The consumer is deemed to have accepted the work performed if he has not reported defects in the work performed within one month of delivery of the Work of Art.
  8. As long as the consumer has not paid the full amount of the purchase price with any additional costs, the entrepreneur retains ownership of the artwork. In that case, ownership is transferred to the consumer as soon as the consumer has fulfilled all his obligations towards the entrepreneur.
  9. With regard to personally tinted artwork (portraits/personal elements), the consumer is obliged to purchase the artwork made by the entrepreneur.
  10. the entrepreneur will inform consumer by means of photos of the progress of the personal assignment and make desired adjustments to the best of his ability.
  11. In the event of force majeure, the entrepreneur has the right to suspend the execution of the assignment or to dissolve the agreement in whole or in part, without the consumer being able to assert any right or compensation for damages, costs or interests on that basis. The artist will immediately inform the consumer of any case of force majeure and try to offer a mutually satisfactory alternative. In that case of premature termination of the project, deposits made in advance will be refunded.
  12. Force majeure: strikes, death, fire, transport, obstruction, acts of violence and, in general, all unforeseen circumstances as a result of which compliance with the agreement can no longer be required of the Contractor.
  13. The entrepreneur will perform any service to the best of his ability and is entitled to engage third parties in and for the performance of a service.

Annex I: Model withdrawal form

Model withdrawal form

(only fill in this form and return it if you wish to withdraw from the contract)

  • To: [ name of entrepreneur]
[ Geographical address of entrepreneur] [ Operator fax number, if available] [ email address or electronic address of entrepreneur]
  • I/We* hereby inform you that I/We* have entered into our Agreement concerning

the sale of the following products: [aanduiding product]*

the supply of the following digital content: [aanduiding digitale inhoud]*

the provision of the following service: [aanduiding dienst]*,

revokes/revokes*

  • Ordered on*/received on* [datum bestelling bij diensten of ontvangst bij producten]
  • [Name of consumer(s)]
  • [Address consumer(s)]
  • [Signature of consumer(s)] (only when this form is submitted on paper)
  • [Date]

* Delete what does not apply or fill in what applies.