Terms and conditions of use

Article 1 - Definitions
Article 2 - Identity of the seller
Article 3 - Applicability
Article 4 - The offer
Article 5 - The contract
Article 6 - Right of withdrawal
Article 7 - Obligations of the consumer during the withdrawal period.
Article 8 - Exercise of the right of withdrawal, and the costs thereof
Article 9 - The price
Article 10 - Compliance with contract and additional guarantee
Article 11 - Delivery and implementation
Article 12 - Payment
Article 13 - Complaints
Article 14 - Disputes
Article 15 - Additional or deviating provisions
Article 16 - Changes to the Terms and Conditions

Article 1 - Definitions

In these terms and conditions the following terms shall have the following meanings:

Cooling off period: The period within which the consumer can make use of his right of withdrawal.
Consumer: The natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the seller.
Day: Calendar day.
Right of withdrawal: The possibility for the consumer to withdraw from the distance contract within the cooling-off period.
Model withdrawal form: The model withdrawal form that the seller makes available that a consumer can fill in when he wants to make use of his rights of withdrawal.
Seller: The natural or legal person who offers products and/or services to the consumer at a distance
Distance contract: An angreement whereby, within the framework of a system organized by the seller
Technology for distance communication: Means that can be used to conclude an agreement, without the consumer and seller being together in the same room at the same time.
General Terms and Conditions: The present General Terms and Conditions of the seller.

Article 2 - Identity of the seller

SteelWallArt

Nijverheidsweg 4
6171AZ Stein
the Netherlands

Phone: +31 46 426 0126
Email: info@steelwallart.com
VAT No.
CoC No.

Article 3 - Applicability

These terms and conditions are applicable to every offer of the seller and every distance contract between the seller and the consumer.
The text of these terms and conditions will be made available to the consumer before the distance contract is entered into. If this is not reasonably possible, the seller will state, before the distance contract is entered into, the manner in which the terms and conditions can be consulted at the seller and that they can be sent as soon as possible, free of charge, at the consumer's request.
If the distance contract is entered into electronically, it may be that, in divergence from the foregoing paragraph and before the distance contract is entered into, the text of these terms and conditions can be made available to the consumer by electronic means in such a way that it can be stored by the consumer in a simple manner on a durable medium. If this is not reasonably possible then, before the distance contract is entered into, it will be stated where the terms and conditions can be consulted by electronic means and that they will be sent electronically or in another way, free of charge, at the consumer's request.
In the event that, in addition to these terms and conditions, specific product or service conditions also apply, the first and second paragraphs apply mutatis mutandis, and in the event of conflicting conditions the consumer can always invoke the applicable condition that is most favorable to them.

Article 4 - The offer

If an offer is subject to a limited duration or subject to conditions, this will be explicitly stated in the offer.
The offer is without obligation. The seller is entitled to change and adjust the offer.
The offer will include a full and detailed description of the offered products, digital content, and/or services. The description will be sufficiently detailed to enable a good evaluation of the offer by the consumer. If the seller makes use of images, these will be a true representation of the offered products, digital content and/or services. Manifest oversights or manifest errors in the offer will not be binding upon the seller.
Every offer will include such information that it will be clear to the consumer what rights and obligations are connected with the acceptance of the offer.
All images, specifications and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.

Article 5 - The contract

The contract is subject to the provisions of paragraph 4, at the time the consumer accepts the offer and comply with the corresponding conditions.
If the consumer has accepted the offer by electronic means, the seller will immediately confirm by electronic means the receipt of the acceptance of the offer. The consumer can terminate the contract for as long as the receipt of this acceptance is not confirmed by the seller.
If the contract is concluded electronically, the seller will take appropriate technical and organizational measures to secure the electronic transfer of data, and will ensure a secure web environment. If the consumer can pay electronically, the seller will observe appropriate security measures to this end.
The seller can, within the statutory provisions, investigate whether the consumer can fulfil their payment obligations, as well as investigate all the facts and factors that are of importance for entering into the distance contract responsibly. If, on the basis of this investigation, the seller has good grounds for not entering into the contract, it is entitled to refuse an order or application, stating reasons, or to attach special conditions to the implementation.
The seller will, no later than on the delivery of the product, service, or digital content, send the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium, the following information:
- the visiting address of the place of business of the seller where the consumer can direct complaints.
- the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal.
- the information on guarantees and existing service after purchase.
- the price, including all taxes, of the product, service, or digital content; the costs of delivery insofar as applicable; and the method of payment, delivery or implementation of the distance contract.
- the requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration.

Article 6 - Right of withdrawal

In the case of products:

The consumer can terminate a contract in connection with the purchase of a product during a cooling off period of a minimum of 14 days without stating reasons. The seller may ask the consumer about the reason for withdrawal, but not oblige the consumer to state their reason(s).
The cooling off period stated in paragraph 1 commences on the day after the consumer, or a third party designated in advance by the consumer, who is not the transporter, has received the product.

Article 7 - Obligations of the consumer during the withdrawal period.

During the cooling off period, the consumer will handle the product and the packaging with care. They will only unpack or use the product to the extent that is necessary to establish the nature, the characteristics and the operation of the product. The basic principle in this is that the consumer may only utilize and inspect the product as they would be allowed to do in a store.
The consumer is only liable for depreciation of the product that is the result of a way of coping with the product that goes beyond allowed in paragraph 1.
The consumer is not liable for depreciation of the product if the seller has not provided the consumer with all legally required information on the right of withdrawal before or at the time of the contract being entered into.

Article 8 - Exercise of the right of withdrawal, and the costs thereof

If the consumer makes use of their right of withdrawal, they will notify the seller of this within the cooling off period by means of the model withdrawal form or in another unambiguous manner.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer will return the product, or hand it over to (an authorized representative of) the seller. This is not necessary if the seller has offered to collect the product themselves. The consumer is deemed to have adhered to the cooling off period if he returns the product before the cooling off period has expired.
The consumer will return the product with all supplied accessories, if possible in the original condition and packaging, and in accordance with the reasonable and clear instructions issued by the seller.
The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
The consumer will bear the direct costs of the return of the product. If the seller has not stated that the consumer must bear these costs, or if the seller indicates that it will bear the costs, the consumer does not have to bear the costs of return.

Article 9 - The price

The prices of the products and/or services offered cannot be increased during the validity period stated in the offer, except for price changes as a result of changes in VAT rates.
The in the offer of products or services mentioned prices are including VAT
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the seller is not obliged to deliver the product at the incorrect price.

Article 10 - Compliance with contract and additional guarantee

The seller guarantees that the products and/or services are in compliance with the contract, the specifications stated in the offer, the reasonable standards of soundness and/or utility and the legal provisions and/or government prescriptions existing on the date the contract is entered into. If agreed, the seller also guarantees that the product is suitable for other than normal use.
An additional guarantee provided by the seller, their supplier, manufacturer or importer will never limit the rights and claims provided by law that the consumer can assert against the seller under the provisions of the contract.
An additional guarantee is defined as any commitment of the seller, their supplier, importer, or manufacturer in which particular rights or claims are granted to the consumer that go further than those to which the seller, their supplier, importer, or manufacturer are bound by law in the event that they are remiss in the compliance with their part of the contract.
Any defects or incorrectly delivered products must be reported to the seller in writing within 2 months of discovering the defect.
The warranty is not applicable if:
- The consumer has repaired of modified the product and/or let a third party repair or modify the product.
- The products have been exposed to abnormal or have otherwise been treated carelessly or in conflict with the instructions of the seller and/or the instructions on the packaging.

Article 11 - Delivery and implementation

The seller will observe the greatest possible care in the reception and implementation of orders for products and in the evaluation of requests for the provision of services.
The address stated by the consumer to the seller is deemed the place of delivery.
All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.
Taking into account what is stated in paragraph 4 of this article, the seller will carry out accepted orders with appropriate rapidity, but in any event within 90 days, unless another delivery period is agreed. If the delivery is delayed, or if an order cannot be or can only be partially carried out, the consumer will be informed of this no later than 30 days after they had placed the order. In that case the consumer is entitled to terminate the contract free of charge. The consumer has no rights to compensation of damages.
After termination in accordance with the foregoing paragraph the seller will refund the amount that the consumer has paid without delay.
The risk of damage to and/or loss of products rests with the seller until the time of delivery to the consumer or a representative previously designated and made known to the seller, unless expressly agreed otherwise.

Article 12 - Payment

Insofar as not otherwise determined in the contract or supplementary conditions, the amounts the consumer is obliged to pay within 7 days of the commencement of the cooling off period, or in the absence of a cooling off period, within 7 days of the contract having been entered into.
The consumer has the duty to immediately notify the seller of inaccuracies in the provided or notified payment details.
In the event of non-payment by the consumer, the seller has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 13 - Complaints

The seller has a sufficiently publicized complaints procedure, and will deal with the complaint in compliance with this complaints procedure.
Complaints concerning the performance of the contract must be submitted to the seller, fully and clearly described, within a reasonable period after the consumer has ascertained the defects.
Complaints submitted to the seller will be replied to within a period of 14 days calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the seller will reply within the period of 14 days with a confirmation of receipt and an indication of when the consumer can expect a more extensive reply.
The consumer must in any event grant the seller 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is actionable under the complaints procedure.

Article 14 - Disputes

Contracts between the seller and the consumer to which these terms and conditions apply are exclusively governed by the laws of the Netherlands.
The Vienna Sales Convention does not apply.

Article 15 - Additional or deviating provisions

Additional provisions or provisions that diverge from these terms and conditions may not be to the detriment of the consumer and must be established in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.

Article 16 - Changes to the Terms and Conditions

Seller reserves the right, at its sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to the website. It is the consumers responsibility to check the website periodically for changes. Consumer's continued use of or access to the website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

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