GENERAL TERMS AND CONDITIONS
1. BACKGROUND
1.1
These General Terms and Conditions apply when a consumer (the “Purchaser”) places an order via https://armenianart.am (the “Website”). Placing an order on the Websites constitutes an agreement concluded between the Purchaser and ArAr B.V., having its registered address at Konnetlaantje 4, 1435 HW Rijsenhout, the Netherlands
(“Armenian Art”). Detailed contact information and other information about Armenian Art are set forth on the Website.
1.2
The Website and all its content is owned by Armenian Art and is protected by intellectual property legislation. This means that trademarks, product names, images and graphics, design, layout and information about Artworks, services and other content may not be copied or used without the prior written consent of Armenian Art.
1.3
Armenian Art shall have no liability in case Artworks are sold out, nor for image or typographical errors on the Website, e.g. errors in the Artwork description or technical specification, inaccurate prices and price adjustments (such as changes in currencies) or incorrect information with regards to whether an Artwork is deliverable. Armenian Art is entitled to rectify any such errors and, at any time, to change or update the information. If an inaccurate price has been stated for an Artwork ordered by the Purchaser, Armenian Art will naturally notify the Purchaser accordingly and await the Purchaser’s approval of the amended price prior to Armenian Art continues with the order process. All images on the Website shall be considered solely as illustrations. Such illustrations do not guarantee to reproduce the number of Artworks the Purchaser will receive or the exact appearance of the Artwork. Armenian Art is not responsible for any information provided by third parties on the Website.
2. CONTRACT AND ORDER
2.1
In order to place an order through the Website, the Purchaser must accept the General Terms and Conditions. If the Purchaser does not accept the General Terms and Conditions, the order can and will not be placed. By accepting the General Terms and Conditions, the Purchaser undertakes to comply with the General Terms and Conditions in its entirety.
2.2
A Purchase Agreement is concluded when Armenian Art has confirmed the Purchaser’s order via e-mail. Armenian Art encourages the Purchaser to save the order confirmation for any future contacts with Armenian Art regarding the order.
3. PURCHASER INFORMATION
3.1
The Purchaser creates a user account or fills in Contact Form prior to making any purchases on the Website. When registering a user account or filling in the Contact Form, the Purchaser will be requested to provide some personal information. The Purchaser confirms that the information provided is correct and complete and is responsible for any errors in the information provided.
3.2
The Purchaser provides Armenian Art with explicit consent to use the personal information about the Purchaser for activities to be performed in accordance with the General Terms and Conditions. The personal information has been filled in by the Purchaser when creating a user account for registration or when filling in the Contact Form on the Website.
3.3
The personal information of the Purchaser, referred to in article 3.1 and 3.2, include the Purchaser’s:
first- and surname;
gender;
date of birth;
address;
delivery address;
email address;
telephone number;
bank account number.
3.4
The Purchaser undertakes to ensure that no one, except the Purchaser, uses the Purchaser’s log-in details. The Purchaser may not disclose its username or password to any person and shall ensure that any documentation with information about username and password is kept in such a way that unauthorized persons may not access the information. The Purchaser shall notify Armenian Art without delay if it may be suspected that any unauthorised person has obtained access to the Purchaser’s password. The Purchaser is responsible for all purchases made with the Purchaser’s log-in details if the Purchaser has not provided such notification.
4. PRICES AND TAXES
4.1
All prices on the Website are stated inclusive of VAT and other taxes. The applicable price is the one stated on the Website in the Armenian Art online shop in respect of the relevant Artwork on the date of placement of the order.
4.2
Armenian Art reserves the right to amend any price incorrectly stated on the Website in the Armenian Art online shop. Furthermore, Armenian Art reserves the right to amend any prices, taxes and/or other costs stated in the Armenian Art online shop at any time, e.g. due to changes in VAT rates or other public fees and charges or increased costs.
4.3
When ordering an Artwork on the Website in the Armenian Art online shop an amount will be added in payment of transport costs:
[ Example
Home delivery: € 4,95 – free delivery on orders above € 60,00.
Parcel shop delivery: € 4,95 – free delivery on orders above € 60,00.
Click & Collect: € 1,00 – free delivery on orders above € 60,00.
Express delivery: € 14,95 ]
5. PAYMENT
5.1
After the Purchaser creates a user account or fills in the Contact Form, selects an Artwork to purchase on the Website, accepts the General Terms and Conditions and selects a delivery method, the Purchaser will select one of the payment methods on the Website.
5.2
Without completion of the payment of the Artwork by the Purchaser, the order has not been placed successfully and the Purchaser will not receive an order conformation.
6. DELIVERY
6.1
Armenian Art will accept and ship the order within __ working days after receiving the Purchaser’s order via the Website. The usual time of delivery from the time of dispatching the order is:
[ Example
Home delivery, Parcel shop delivery and Click & Collect delivery: 2-3 working days
Express delivery: 1-2 working days ]
6.2
Armenian Art is not obliged to deliver Artworks which are not deliverable by the Artist. In such case, the order shall not lead to a binding agreement and Armenian Art will inform the Purchaser within __ working days after receiving the Purchaser’s order. In addition, the payment of the Purchaser will be returned by Armenian Art within __ working days after receiving the Purchaser’s order.
6.3
The Purchaser guarantees to accept the Artwork at the delivery address indicated on the Contact Form or the user account of the Purchaser.
7. RIGHT OF WITHDRAWAL
7.1
When purchasing products on the Website the Purchaser has a 14 (fourteen) day withdrawal period in accordance with applicable Purchaser protection legislation. This means that the Purchaser has the right to cancel any purchase without giving a reason by notifying Armenian Art accordingly within 14 days from the date on which the Purchaser or its representative received the Artwork.
7.2
If the Purchaser wants to withdraw from the contract, the Purchaser sends an unambiguous
statement to Armenian Art [email address: ______] that he or she wants to withdraw from this
contract. The statement can also be sent via the Contact Form on the Website.
The statement must indicate the following information:
Purchaser’s name;
physical address;
phone number;
email address;
order number and;
which Artwork the Purchaser wishes to return.
7.3
In case the Artwork has been returned without a statement of exercising the right of withdrawal, Armenian Art will regard the return of the Artwork as a withdrawal from the contract.
8. REPAYMENT
8.1
If the Purchaser exercises his or her right to withdraw from the contract, Armenian Art will refund all payments received from the Purchaser, excluding delivery costs (excluding additional costs, if the Purchaser has chosen a different means of delivery than the less expensive type of standard delivery offered by Armenian Art), without unnecessary delay and in any event no later than 14 days after the date on which Armenian Art has received the Purchaser’s request to withdraw from the contract.
8.2
Armenian Art may withhold the repayment until Armenian Art has received the Artwork from the Purchaser or until the Purchaser has submitted documentation that the Artwork has been returned.
9. RETURN OF ARTWORK
9.1
The Purchaser must return the Artwork to Armenian Art without undue delay and no later than 14 (fourteen) days after the date on which the Purchaser has informed Armenian Art that the Purchaser wants to withdraw from the contract.
The Artwork must be returned to the following address:
ArAr B.V.
Konnetlaantje 4
1435 HW Rijsenhout
The Netherlands
9.2
Withdrawal from the contract will be deemed in due time if, before expiry of the 14-day period, the Purchaser has handed over the Artwork to the postal services or other services having undertaken to be in charge of the dispatch of the goods to Armenian Art.
9.3
To retain proof that the Purchaser has withdrawn from the contract in due time, the Purchaser should keep the receipt or return tracking number stating that he or she has handed over the Artwork to the postal services for the purpose of dispatch.
9.4
All transport costs for returning the Artwork to Armenian Art will be borne by the Purchaser, unless the Purchaser wants to return the Artwork due to damage to the Artwork which is not caused by the Purchaser.
10. LIABILITY
10.1
The Purchaser is liable for any impairment of the value of the Artwork caused by other handling than what is necessary to determine the nature, quality and function of the Artwork.
10.2
Armenian Art is not liable for any delays or for non-performance due to force majeure. For as long as a force majeure situation persists, Armenian Art is relieved from performance of its obligations.
10.3
The liability of Armenian Art for any and all claims is limited to an amount equal to the price of the Artwork(s) purchased by the Purchaser.
11. SEVERABILITY
11.1
If any provision of the General Terms and Conditions is deemed to be invalid, illegal or unenforceable by a competent authority, said provision will be severed from the remaining provisions which will remain valid to the fullest extent permitted by law.
12. GOVERNING LAW
12.1
All contracts between Armenian Art and the Purchaser and these General Terms and Conditions are governed exclusively by the laws of the Netherlands.
