GENERAL CONDITIONS
1. General application
These general conditions (“Conditions”) are applicable to:
- all agreements with Artfolly and/or all agreements between the Customer and the artist(s) represented by Artfolly;
- the access and using of the Artfolly.nl Website (“Website”);
- placing an order on the Website;
- the use of the information and other services by Artfolly etc.
These Conditions are solely applicable and replace all other conditions. Other conditions are explicitly rejected. Artfolly reserves the right to change or modify Conditions or any policy of its company and of the Website, at any time and in its sole discretion. Any change or modification will be effective upon posting on the Website.
If you use the Website on behalf of any entity, you warrant that you are authorized to accept these Website Conditions on its behalf. You as an individual or on behalf of a business entity will be referred to as “you” or “the Customer” on this Website.
2. Use of the Website
You must be 18 years and older to use this Website or have permission from a legal guardian. You are responsible for any activity that occurs under your username. You are responsible for keeping your password, if applicable, secure.
You guarantee the accuracy of the information provided on the Website.
Artfolly reserves the right to cancel any order from The Customer or reject The Customer. For instance, if an artwork is sold out (while the Website stated otherwise) or in case there is a dispute.
Artfolly is not responsible for the content posted on its Website by third parties. You use the service at your own risk and Artfolly can never be held responsible for consequences of the use of the Website.
Artfolly reserves the right to modify or terminate the Artfolly service and/or to refuse use of the Website to you and/or to terminate your account, for any reason and without notice, at any time.
Artfolly may, but has no obligation to, remove content and accounts containing content if Artfolly wishes to do so.
If you post images hosted on Artfolly to outside websites or in social media, you must provide a link back to Artfolly from each image to its associated page on the Website
3. Mediation by Artfolly or Sale by Artfolly
Regarding all artists based inside The Netherlands, Artfolly mediates on behalf of the artist for the sale of the artworks on the Website, and Artfolly is not the owner of the artworks. The sale and purchase agreement will therefore be concluded between The Customer and the artist, and these Conditions will also apply to this agreement.
Regarding all artists based outside The Netherlands, Artfolly sells the artwork directly to the Customer. The sale and purchase agreement is therefore concluded between The Customer and Artfolly. These Conditions also apply to this direct sale.
4. The artworks and prices
The products offered by Artfolly, on the Website or offline, are artworks in limited editions. The artworks are subject to availability. It is possible that an artwork has been sold out even though the website or information by Artfolly states otherwise and in that case, Artfolly and the artist are not responsible for any claims whatsoever. In that case, Artfolly will pay back the paid sum asap. Artworks stating ‘sold out’ cannot be ordered anymore. The artworks remain the property of the artist and/or Artfolly until full payment of the stated price is paid.
The measurements of the artworks are indicative, small variations may apply.
Purchase prices include 6, 9 or 21 % VAT (or any percentage as adjusted by the government).
5. Placing an order via the website
Before the order will be placed via the website, you must agree to these Conditions by selecting the box with the link. Then, the payment method must be selected and the payment must be made. After that, you will receive a confirmation email at the email address provided. The order will only be taken into production after Artfolly has received the full payment.
6. Delivery
The artworks delivered are custom made and thus each order is produced according to the specifications selected by the Customer. The order will be taken into production after Artfolly has received the payment. Delivery usually takes place within 4 weeks after the payment has been received, but this is not a fatal term. In case the term of delivery will take longer than 4 weeks, Artfolly will inform you as soon as possible.
7. Shipping address
Artworks will be shipped within the European Union. If you live outside the European Union and want to order an artwork on the Website, please contact us at info@artfolly.nl. The order will be shipped to the address you have submitted online.
Delivery to any entity is only possible after providing of the number of the Chamber of Commerce and VAT-number.
8. Shipping costs and duties, taxes and charges
Shipping costs are charged to the Customer. These costs depend on the size of the artwork, the way of sending, the country of destination, etc. An estimation of these costs will be made in advance. The order will be finalized after you agree to pay the full shipping costs. If not, the order will be cancelled. Of course, you could also pick up the artwork at Artfolly, free of charge. In case you wish to do so, please contact us at info@artfolly.nl.
When the artwork is shipped to another country than The Netherlands, you are the importer of the artwork(s) and you may owe duties, local taxes, import duties or charges imposed by the government. These duties and charges are not the responsibility of Artfolly or the artist. They are your responsibility as Customer, both in terms of declaration and payment to the appropriate authorities and agencies in your country. We advise you to inquire about these issues with local authorities.
9. Receiving the artworks
When you receive your order, it is your responsibility to immediately, within 2 days, check the status of the artworks and frames before you sign for the reception. If you receive the parcel damaged, we ask you to take pictures of the damages, email them to us and contact our customer service immediately at info@artfolly.nl.
10. Right of withdrawal and right of return
All artworks are customized products, produced in accordance with the specifications that you have entered at your order. Therefore, it is not possible to make use of the right of withdrawal. Only if the received artworks do not appear to be in conformity with the order (wrong size or a different way of finish or if the artwork is damaged), you can return the products within 2 weeks. In this case we ask you to contact our customer service at info@artfolly.nl prior to returning the product. Works must be returned in person or shipped and assured as indicated by Artfolly.
11. Liability
Artfolly and/or the artist cannot be held responsible for errors in the processing of The Customer order causing delays or non-performance. In case the order must be cancelled by Artfolly and/or the artist, Artfolly will pay back the paid sum as soon as possible.
Artfolly has compiled the Website with the utmost care. However, Artfolly cannot guarantee that the Website will always be available without interruption, errors or defects and that the information is complete, correct or up to date. Artfolly reserves the right to (unannounced) temporarily or permanently suspend the Website. The Customer cannot derive any rights from that. Artfolly is not liable for (the correct use of) information, contributions and other materials or statements that others put on the Website. Artfolly is not liable for damage resulting from the use of the Website.
12. Intellectual property
All intellectual property rights and/or similar rights on the (content and design of the) Website, including the underlying software, graphics and photos are based solely and exclusively at Artfolly, or by its affiliated artist. Without permission from Artfolly it is not allowed to copy (parts of) the Website or to use the name of Artfolly. You may, however, post images from Artfolly on other websites or in social media, under the condition that you will provide a link to the website of Artfolly.
13. Customer service
For all The Customer questions or comments you can send an email to info@artfolly.nl. We strive to respond your e-mail within 2 working days.
14. Applicable law and jurisdiction
These Conditions are governed by Dutch law. The Dutch court has jurisdiction.
15. The company
Artfolly is a partnership under Dutch law, registered by the Chamber of Commerce under number 669 69 700.