GENERAL TERMS AND CONDITIONS
The General Terms and Conditions of the Kunsthal Shop contain important information for you, the Customer. Therefore, please carefully read these General Terms and Conditions. We also recommend that you download or print these General Terms and Conditions so they will also be available to you for reading at a later date.
1. DEFINITIONS
1.1 General Terms and Conditions: These General Terms and Conditions of the Kunsthal Rotterdam’s webshop.
1.2 Kunsthal: Stichting Kunsthal Rotterdam (Foundation Kunsthal Rotterdam), 341 Westzeedijk, 3015 AA in Rotterdam;
Telephone number: +31 (0)104400300
Available Mondays to Fridays between 10:30 – 17:00 hrs.
Rotterdam Chambers of Commerce number: 41132613
BTW (Dutch VAT) identification number: NL8005.43026.B.01
1.3 Webshop: the webshop of the Kunsthal, accessible via www.kunsthalshop.nl.
1.4 Customer: the natural person or legal entity entering into an Agreement with the Kunsthal through its Webshop. The Customer either acts as a private individual, on behalf of a company, or in a professional capacity.
1.5 Agreement: Any understanding or agreement entered into from a distance (i.e. not in one of the physical Kunsthal Shops) between the Kunsthal and the Customer. The General Terms and Conditions are an integral part of the Agreement.
2. Communication
2.1 In case the Customer has any questions or comments with regard to the Kunsthal Shop, the Customer can send an e-mail to winkel@kunsthal.nl.
3. APPLICABILITY OF THE GENERAL TERMS AND CONDITIONS
3.1 These General Terms and Conditions apply to all offers, Agreements and deliveries of the Kunsthal Shop, unless the parties have expressly agreed otherwise in writing.
3.2 Any deviating conditions presented by the Customer are rejected, unless the Kunsthal expressly accepts such deviating conditions in writing before the order date.
4. PRICES AND SHIPPING
4.1 All mentioned prices include taxes (BTW), unless otherwise specified.
4.2 The amount the Customer has to pay in shipping costs is displayed on screen during the order process in the ‘shopping basket’.
4.3 Although the content of the Webshop has been selected with the greatest of care, the Kunsthal cannot guarantee that all information on the Webshop website is correct and complete at all times. All prices and other information on the Webshop website, and in other materials originating from the Kunsthal are subject to obvious programming mistakes or typing errors.
5. CONCLUSION OF THE AGREEMENT
5.1 The Agreement is concluded the moment the Customer accepts the Kunsthal’s offer, i.e. the moment the Customer finalises the order process.
5.2. The Kunsthal will subsequently confirm having received the acceptance of the offer by e-mail.
6. PAYMENT
6.1 The Customer can only use the methods of payment as specified during the order process. The Kunsthal is free in selecting which methods of payment are offered in the Webshop. These methods of payment may change from time to time.
7. IMPLEMENTATION OF THE AGREEMENT
7.1 As soon as the Kunsthal has received the order, the Kunsthal will ship the ordered products to the Customer as soon as possible.
7.2 The ordered products are usually dispatched within 5 days after receiving the order.
7.3 In the event the Kunsthal is unable to supply the products within the indicated term, the Kunsthal will inform the Customer of this. In that case the Customer may either agree to the new delivery date, or terminate the Agreement free of charge.
7.4 The Customer is obliged to inspect the delivered products immediately after receiving them. In case of any possible defects, the Customer is obliged to notify the Kunsthal of this in writing, preferably accompanied by a digital photograph. See also article 9 (Warranty; Complaints Procedure).
7.5 As soon as the ordered products have been delivered to the specified delivery address, the risk is transferred to the Customer.
8. RIGHT OF WITHDRAWAL
8.1 The Customer has the right to terminate the Agreement with regard to purchasing a product from the Webshop within a period of 14 days without having to state the reasons. This must be done in writing by sending an e-mail to winkel@kunsthal.nl.
8.2 The cooling off period as stated in Paragraph 1 of this Article commences the day after the Customer, or a third party appointed by the Customer, has received his or her order.
8.3 Only after the Kunsthal has confirmed the receipt of the e-mail as described in Paragraph 1 of this Article can the Customer send the product back to the postal address mentioned in Article 1.2.
8.4 Terminating the Agreement is only possible in case the buyer returns the product undamaged and in its original packaging. The Customer must provide sturdy transport packaging.
8.5 The costs for sending and returning will not be compensated and are at the expense of the Customer.
8.6 The Kunsthal will reimburse the purchase price of the returned item within 5 days after the Kunsthal has received the product.
9. WARRANTY; COMPLAINTS PROCEDURE
9.1 The Kunsthal guarantees that all products offered in the Webshop meet the specifications mentioned in the offer, reasonable requirements with regard to durability and usefulness, and the legal provisions and government regulations that are in force on the date the Agreement was concluded.
9.2 In the event the Customer has a complaint about a product and/or about other aspects of the Kunsthal’s service, the Customer can submit their complaint by sending an e-mail to winkel@kunsthal.nl, or by regular mail to the postal address mentioned in Article 1.2.
9.3 The Kunsthal strives to give the Customer a response to any such complaint as quickly as possible, but in any event within 15 days after having received it.
10. PERSONAL DATA
10.1 The Kunsthal processes the Customer’s personal data in accordance with the privacy policy as published on the Webshop website. The privacy policy can be found on www.kunsthalshop.nl/nl/privacy.
11. FINAL PROVISIONS
11.1 The Agreement and these General Terms and Conditions are governed by Dutch law.
11.2 Unless prescribed otherwise by the rules of mandatory law, all disputes that may arise from the Agreement will be submitted to the competent Dutch judge in the district of Rotterdam.
11.3 In these General Terms and Conditions, “in writing’ also includes communication by e-mail, provided that the identity of the sender is sufficiently specified.
11.4 In case of any discrepancies between the original Dutch text and this English translation, the original Dutch text will prevail.
12. RETENTION OF TITLE AND LIABILITY (only applicable to Customers in a professional capacity)
12.1 As long as the Customer has not yet paid the entire agreed amount in full, all delivered goods will remain the property of the Kunsthal.
12.2 This Article 12 is only applicable in case the Customer is acting in the capacity of his or her profession or company, or as a representative of a company, namely by filling in the name of this company during the order process.
12.3 The aggregate liability of the Kunsthal towards the Customer as a result of culpable shortcomings in complying with the Agreement is limited to, at most, compensation of the amount mentioned in that Agreement (including taxes), unless the damages are the result of wilful intent or negligence on the part of the Kunsthal.
12.4 Liability of the Kunsthal towards the Customer for indirect damages, in any case including consequential damages, lost profits, missed savings, loss of data and/or damages due to the interruption of business, is excluded at all times.
12.5 Except for events as described in the previous two Paragraphs of this Article, the Kunsthal accepts no liability whatsoever with respect to compensating damages, regardless of the grounds on which an action to claim such compensation of damages is based.
12.6 The liability of the Kunsthal towards the Customer as a result of culpable shortcomings in complying with the Agreement may only arise in case the Customer has immediately and properly submitted a written notice of default to the Kunsthal, and only in case the Kunsthal continues to fail in meeting its obligations after the time limit mentioned in such notice. This notice of default must contain a description of the shortcomings that is as detailed as possible so the Kunsthal will be able to respond adequately.
12.7 A precondition for any entitlement to compensation is always that the Customer must notify the Kunsthal of the damage in writing as soon as possible, yet no later than 30 days after the damage has occurred.
12.8 In case of force majeure, the Kunsthal cannot be held liable for any damages suffered by the Customer as a result.
