Terms & Conditions

Wildevuur Gallery Terms & Conditions  effective from January 1, 2015

Address    Wildevuur Gallery, Zwiggelterweg 4, 9414 TN Hooghalen
Contact  phone: 0593-592411, email: galerie@wildevuur.nl, webshop: www.wildevuur.nl
Chamber of Commerce 04046374, VAT number NL802901566B01

1  DEFINITIONS

For the purpose of these terms and conditions, the following terms have the meanings as described below:
Wildevuur: the company as described above;
Artist: the creator of the painting, sculpture, or other artwork offered for sale;
Buyer: the natural person or legal entity purchasing products from or via Wildevuur in the gallery or via the website www.wildevuur.nl;
Parties: Wildevuur and the buyer;
Products: paintings, sculptures, artworks, framing, and other current and future products and services of Wildevuur;
Agreement: the written agreement between Wildevuur and the buyer regarding the delivery of products;
Delivery: the moment the buyer or a third party acting on behalf of the buyer takes actual possession and control of the products;
Intellectual property rights: all worldwide intellectual property rights and related rights in the broadest sense of the word, including, but not limited to, copyrights, trade names, database rights, know-how, and domain names, including any future intellectual property rights and associated legal powers.

2  APPLICABILITY

2.1 These terms apply to all orders, offers, deliveries, agreements, and payments to Wildevuur.
2.2 By placing an order or making a purchase, the buyer explicitly agrees to these terms and conditions.

3  PURCHASE AGREEMENT

A purchase agreement between Wildevuur and the buyer is concluded only when Wildevuur explicitly accepts the order in writing by email.

4  ORDERING

4.1 Offers from Wildevuur may only be accepted without modifications. All offers remain valid while supplies last. The buyer cannot derive any rights from Wildevuur's offers.
4.2 Wildevuur is not bound by obvious errors in its offers.
4.3 Prices are displayed in euros (€) and include VAT but exclude shipping costs. Wildevuur will display the total payable amount before order completion.
4.4 After placing an order, the buyer receives an email confirmation including the ordered products and total amount including VAT and shipping.
4.5 Wildevuur may refuse orders within one week without providing reasons.

5  DELIVERY

5.1 The buyer must pay the full purchase price in advance. Delivery occurs only after full payment has been received.
5.2 Delivery deadlines are indicative unless explicitly confirmed in writing.
5.3 Delivery occurs either by collection at the gallery or by shipping via a carrier to the buyer's address. The buyer is obliged to accept the products.
5.4 If multiple products are ordered, Wildevuur may deliver in parts and charge for each partial delivery.
5.5 The risk of loss, theft, or damage transfers to the buyer once the products are in their possession.
5.6 Ownership transfers only after full payment is received.
5.7 Pledging or transferring the product before full payment results in immediate penalty.
5.8 Products sent for processing remain at the buyer's risk unless agreed otherwise.

6  PAYMENT

6.1 Payment is required in advance unless otherwise agreed. Partial deliveries can be invoiced separately.
6.2 Complaints regarding invoices must be made within 8 days.
6.3 Payments must be made without deduction unless Wildevuur acknowledges a counterclaim.
6.4 Wildevuur may require advance or cash payment.
6.5 Late payments incur 2% interest per month.
6.6 All costs related to enforcement of rights are borne by the buyer.
6.7 If payment remains due after reminders, Wildevuur may terminate the agreement without prejudice to its claim for damages.

7  TERMINATION

7.1 If the buyer fails to meet obligations, Wildevuur may suspend or terminate the agreement without court intervention.
7.2 All claims by Wildevuur become immediately due and recoverable.

8  PRIVACY

8.1 Wildevuur treats all personal data confidentially and may use it for promotional purposes.
8.2 Personal data is not shared with third parties except for payment and delivery purposes.

9  WITHDRAWAL & RETURNS

9.1 The buyer may withdraw within 14 days without reason.
9.2 Products may only be used as necessary to assess them.
9.3 Return costs are borne by the buyer. Products must be sent registered to the gallery.
9.4 Refunds will be made within 14 days of receipt.
9.5 If products are returned improperly, no refund is due.

10  WARRANTY & DEFECTS

10.1 Products are sold as-is.
10.2 Complaints must be reported within 14 days.
10.3 Defects do not allow withholding payment.
10.4 Wildevuur guarantees authenticity unless otherwise specified.
10.5 Liability for damages is limited to 30 days, except in cases of negligence.
10.6 Non-conformity complaints must be made within two months.
10.7 Remedies include repair, discount, or termination.
10.8 Repaired products remain at the buyer’s risk.

11  RETENTION OF RIGHTS

11.1 Products remain property of Wildevuur until full payment.
11.2 Buyer may not pledge products.
11.3 Wildevuur may reclaim products until payment is completed.

12  LIABILITY

12.1 Liability arises only after written notice and reasonable cure period.
12.2 Wildevuur is liable only for foreseeable, direct damages.
12.3 Liability is limited to the price of the product.
12.4 If not applicable, liability is limited to the order value.

13  FORCE MAJEURE

13.1 Wildevuur is not liable for force majeure events.
13.2 Includes fire, strikes, government acts, and import restrictions.
13.3 Applies also to suppliers and third parties involved in delivery.

14  INTELLECTUAL PROPERTY

14.1 All intellectual property of Wildevuur is reserved.
14.2 Buyer may not infringe these rights.
14.3 Copyright remains with the artist.
14.4 Buyers may not publish or reproduce purchased products without permission.

15  LIMITATION PERIOD

15.1 Buyer rights expire one year after purchase unless stated otherwise.
15.2 Rights are non-transferable.

16  SET-OFF

Set-off is only allowed if Wildevuur acknowledges or legally confirms the counterclaim.

17  MISCELLANEOUS

17.1 Buyer’s general terms are excluded unless agreed otherwise.
17.2 Amendments require written consent.
17.3 Invalid provisions do not affect remaining terms.

18  COMPLAINTS OR QUESTIONS

18.1 Contact Wildevuur via the provided details.
18.2 Complaints will be addressed within 14 working days.

19  GOVERNING LAW & FORUM

19.1 Dutch law applies.
19.2 Disputes should be resolved amicably; otherwise, the competent court in Assen will have jurisdiction.