Right of withdrawal
- 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 purchase does not concern an (assignment to) urgent repair
- the consumer has not renounced his right of withdrawal
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 purchased a service for the first time
- as soon as the consumer has confirmed the purchase of digital content via the internet
- The consumer can notify his right of withdrawal via firstname.lastname@example.org, if desired by using the withdrawal form that can be downloaded via the website of Art Gallery Arterego, www.arteregogallery.com.
- The consumer is obliged to return the product to Art Gallery Arterego within 14 days after the notification of his right of withdrawal, after which period his right of withdrawal will lapse.
Reimbursement of delivery costs
- If the purchase costs and any other costs (such as shipping and return costs) are eligible for reimbursement according to the law, Art Gallery Arterego 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 Art Gallery Arterego in time.
- The costs for return are only reimbursed by Art Gallery Arterego 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
- Art Gallery Arterego can appeal to his right of retention of title and in that case retain the products sold by Art Gallery Arterego to the customer until the customer has paid all outstanding invoices with regard to Art Gallery Arterego, unless the customer has provided sufficient security for these payments.
- The right of retention of title also applies on the basis of previous agreements from which the customer still owes payments to Art Gallery Arterego.
- Art Gallery Arterego is never liable for any damage that the customer may suffer as a result of using his right of retention of title.
The customer waives his right to settle any debt to Art Gallery Arterego with any claim on Art Gallery Arterego.
Retention of title
- Art Gallery Arterego remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to Art Gallery Arterego under whatever agreement with Art Gallery Arterego including of claims regarding the shortcomings in the performance.
- Until then, Art Gallery Arterego can invoke its retention of title and take back the goods.
- Before the property is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
- If Art Gallery Arterego invokes its retention of title, the agreement will be dissolved and Art Gallery Arterego has the right to claim compensation, lost profits and interest.
- Delivery takes place while stocks last.
- Delivery takes place at Art Gallery Arterego unless the parties have agreed upon otherwise.
- Delivery of products ordered online takes place at the address indicated by the customer.
- If the agreed price is not paid on time, Art Gallery Arterego has the right to suspend its obligations until the agreed price is fully paid.
- In the event of late payment, the customer is automatically in default, and hereby he cannot object to late delivery by Art Gallery Arterego.
- Any delivery period specified by Art Gallery Arterego 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.
- The delivery starts once the customer has fully completed the (electronic) ordering process and received an (electronic) confirmation of his order from Art Gallery Arterego.
- Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless Art Gallery Arterego cannot deliver within [number of days late] or if the parties have agreed upon otherwise.
The customer must ensure that the actual delivery of the products ordered by him can take place in time.
Transport costs are on behalf of the customer, unless the parties have agreed upon otherwise.
Packaging and shipping
- 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 Art Gallery Arterego may not be held liable for any damage.
- 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 Art Gallery Arterego, failing which Art Gallery Arterego cannot be held liable for any damage.