Terms & Conditions

WORKS OF ART

Article 1 Definitions

In these General Terms and Conditions:

• “The Artwork”: the work that is specified in the agreement between the Artist and the Customer.
• “The Artist”: the creator of the Artwork, Carolien Bosch.
• “The Customer”: the natural or legal person who enters into an agreement with Carolien Bosch.
  
  

Article 2 Applicability of the General Terms and Conditions

These General Terms and Conditions apply to all agreements, orders, offers and quotations, concluded with or issued by Carolien Bosch.

Article 3 Establishment of the agreement

The agreement between Carolien Bosch and the Customer is made by acceptance of the offer by Carolien Bosch by the Customer.

Article 4 Prices

• All prices are in euros and exclude VAT.
• Price changes resulting from the law, such as those relating to VAT, can be passed on to the Customer.
  
  

Article 5 Purchase of a Work of Art

• If the agreement concerns the purchase of a Work of Art, the details of the Artwork, the details of the Customer, the method of payment, the method of delivery and other details will be recorded in the agreement to be drawn up.
• The Artwork will be delivered to the Customer within 1 month after the end of the Exhibition, unless otherwise agreed. If the Artwork is in stock and is not or will be exhibited, delivery can take place earlier.
• A specified delivery period is always indicative, unless expressly agreed otherwise.
• Delivery of the Artwork will take place in the manner as agreed in the agreement. The Artwork is at the risk of the Customer from the delivery.
• Complaints about defects in the purchased Artwork must be submitted to Carolien Bosch in good time after it has been established, with timely completion within one month. Not complaining in time leads to loss of rights.
  
  

Article 6 Repairs and other work

• Repairs and other work by Carolien Bosch on an Artwork that is owned by the Customer will always be performed on the basis of a best-efforts obligation.
• Upon delivery of the Artwork, the Customer is obliged to inspect the work performed. If the Client does not have the work done in order, he will immediately, preferably in writing, make it known to Carolien Bosch.
• The Customer is deemed to have accepted the work performed if he has not reported defects in the work performed within one month after delivery of the Artwork.
  
  

Article 7 Payment

• Payment by the Customer is made:
• Cash, including pin payments and credit card payments; based on an invoice.
• If an invoice is sent, the payment term is 7 days from the invoice date. By the mere lapse of this period, the Customer is in default and the Customer is due statutory interest from the date of the commencement of the default.
• The extrajudicial costs reasonably incurred by Carolien Bosch are at the expense of the Customer.

Article 8 Retention of title and right of retention

• As long as the Customer has not paid the full amount of the purchase price plus any additional costs, Carolien Bosch reserves the ownership of the Artwork. In that case, the ownership transfers to the Customer as soon as the Customer has fulfilled all his obligations towards Carolien Bosch.

Article 9 Custom made and personal assignment.

• If personally order, the customer is obliged to take the artwork made by Carolien Bosch on commission.
• Carolien Bosch will inform the customer by means of photos of the progress of the personal assignment and will be able to carry out desired adjustments.
• Payment is 50% in advance and the remaining 50% upon delivery.

Article 10 Personal Data Protection Act

• Carolien Bosch will process the personal data of the Customer and include it in a file. The purpose of processing the personal data is that Carolien Bosch can fulfill the agreement that she has entered into with the Customer and to keep the Customer informed of Carolien Bosch and the activities it develops.
• The Customer may contact Carolien Bosch at any time with the request to inform him / her if and if so which personal data concerning him / her are being processed. If the Customer is of the opinion that the personal data must be corrected, supplemented, removed or protected, the Customer must notify Carolien Bosch of this in writing or electronically.

Article 11 Intellectual property

• The copyright on the Artwork remains with the Artist. From this right of the Artist, restrictions on the use, publication and multiplication of the Artwork will arise for the Client.

Article 12 Applicable law and disputes

• Dutch law applies to the agreement and any other legal relationships between the Customer and Carolien Bosch.
• All disputes arising as a result of the agreement (s) and these General Terms and Conditions will be submitted to the competent court in The Hague, unless a mandatory provision stipulates otherwise.
  
  

LENTING/LEASE ARTWORKS

Article 13 General

• Companies and institutions; borrowers with whom Carolien Bosch has concluded a Loan Agreement for Companies and Institutions.
• Borrower: The Private Individual, the Company or the Institution with whom Carolien Bosch has concluded a Loan Agreement.
• The Borrower is obliged to notify an address change in writing (by mail or e-mail).
• All artworks on loan remain the property of Carolien Bosch, unless there is a purchase.

Article 14 Payment

• Individuals owe a Loan fee on loaned artworks on a monthly basis.
• Payment for individuals is only possible through authorization for direct debit by bank or Giro.
• Companies and institutions receive an invoice with the loan fee for a month, which must be paid in advance within 7 days of the invoice date. If the Borrower has not paid the invoice within the set term, Carolien Bosch will give notice to the borrower and send a payment reminder. If the Borrower has not fully paid his claim within the term set in the payment reminder, Carolien Bosch reserves the right to terminate the loan agreement. Upon dissolution the loaned artworks that are at the Borrower must be immediately returned to Carolien Bosch. The Borrower is liable for all extrajudicial (collection) costs of Carolien Bosch. The Borrower is also required to pay legal costs and attorneys’ fees actually incurred if, in the case of legal proceedings, the costs of proceedings are reduced.
• Carolien Bosch reserves the right not to enter into a new Loan Agreement with Borrowers with outstanding claims, or to lend new works of art.

Article 15 Cancellation, bankruptcy and termination.

• Termination and thus termination of this agreement by private person is only possible when returning all works borrowed by the private individual.
• After termination of this agreement, the Companies and institutions are obliged to hand in the works at the latest at the end of the agreement.
• In the event of liquidation, (application for) suspension of payments or bankruptcy, attachment of the Borrower, debt restructuring or any other circumstance because of which the Borrower can no longer freely dispose of his assets, Carolien Bosch may immediately terminate the agreement and cancel immediately and thereby terminate or cancel the order, without any obligation on its part to pay any compensation or compensation. All claims of Carolien Bosch on the Borrower are in that case immediately due and payable.
• If the artwork / artworks are not returned to Carolien Bosch within 14 days after the termination or dissolution of the agreement, the Borrower will forfeit a fine per day equal to 1% of the value of the artworks that have not been submitted in error. In addition to this penalty, the Borrower continues to owe the arrears of the Borrowing Fee based on the agreement and compensation under the Act for the actual damage suffered by Carolien Bosch.

Article 16 Obligations and liability borrower

• The Borrower must take care of the works carefully and as a good family man. The work must not be placed in the direct vicinity of a heat source or in a humid place and should be protected as far as possible from direct sunlight. The Borrower is responsible for a sound suspension system.
• The Borrower is obliged to immediately inform Carolien Bosch of this in the event of damage, loss or loss of work. It is not allowed to carry out repairs yourself or have them carried out.
• The Borrower is responsible for the conclusion of an insurance policy for the address where the borrowed works of art are accommodated.
• The Borrower is not entitled to assign borrowed works to an address other than their own home address / business address, nor to make the borrowed works of art available to others and to reproduce the works of art (or have them reproduced).
• The Borrower is obliged, in case of seizure, to be liable or in case of application of his bankruptcy or bankruptcy, to the attaching bailiff or to the trustee that the works in his possession are not his property, with submission of the proof of loan from Carolien Bosch.

Article 17 Applicable law and dispute resolution

• All agreements to which these general terms and conditions have been declared applicable are subject to Dutch law.
• Disputes between parties, including those considered as such by only one of the parties, will be resolved as far as possible by proper consultation.
• If this amicable consultation does not lead to a solution, the parties submit their disputes to the absolute competent judge in the district of Groningen.
• If any provision of these Terms and Conditions is null and void or is nullified, the other provisions of these Terms and Conditions will remain in full force. Parties will be about the void, or the stipulated provisions will be consulted in order to make a replacement arrangement. The replacement arrangement will not affect the scope of these General Terms and Conditions or the Agreement.

These terms and conditions are deposited by the Chamber of Commerce of Arnhem KVK 77626729.