Terms of service
Art Hatching
Art Hatching is an online gallery for Dutch artists with innovative ideas, developed by Arteomnium. The purpose of the Art Hatching website is to provide an intermediary service whereby artworks are presented and can be purchased directly from the artist. Art Hatching is not the seller of the artworks offered on the website and is not a party to the transaction concluded between the buyer and the artist through the website. These general terms and conditions apply to the purchase of Art Hatching's online intermediary service by the buyer and to the purchase agreement.
Article 1
Definitions
1.1
In these general terms and conditions, the following terms beginning with a capital letter shall have the following meanings, unless expressly stated otherwise or the context indicates otherwise:
Service: the online intermediary service made available by Art Hatching to the Customer via the Website;
Customer: the natural person or legal entity who orders or wishes to order one or more Artworks from the Artist via the Website;
Purchase Agreement: the purchase agreement between the Customer and the Artist;
Artist: the artist who offers and/or sells one or more Artworks for sale via the Website;
Artwork: the artwork offered by the Artist via the Website or purchased by the Customer from the Artist;
In Writing: in writing or by email;
Art Hatching: the user of these general terms and conditions: Arteomnium, trading under the name “Art Hatching”, with its registered office at Laan op Zuid 713, Rotterdam, registered with the Dutch Chamber of Commerce under Chamber of Commerce number 24461902 and VAT number NL002347487B66;
Website: the website www.arthatching.com, operated by Arteomnium and using the Shopify platform.
1.2
Unless the context indicates otherwise, defined terms in the singular shall also include the plural.
Article 2
General
2.1
These general terms and conditions apply to the legal relationship between the Customer and Art Hatching, to the Customer's use of the Service and to the Purchase Agreement.
2.2
These general terms and conditions are published on the Website.
2.3
Any deviations from these general terms and conditions shall only be valid if expressly agreed In Writing.
2.4
If one or more provisions of these general terms and conditions are null and void or are annulled, the remaining provisions of these general terms and conditions shall remain in full force and effect. In such event, Art Hatching shall be entitled to replace the relevant provision with a provision that is not unreasonably onerous for the Customer and that comes as close as possible to the original provision.
2.5
Art Hatching shall be entitled to amend these general terms and conditions unilaterally. The version of the general terms and conditions applicable shall always be the version in force at the time the order is placed.
2.6
If Art Hatching does not always require strict compliance with these general terms and conditions, this shall not mean that the provisions thereof do not apply or that Art Hatching in any way forfeits its right to require strict compliance with these general terms and conditions in other cases.
Article 3
Offers and Prices
3.1
Every offer on the Website is non-binding.
3.2
The Artworks are offered for sale by the Artists and not by Art Hatching. Art Hatching is not the owner of the Artworks offered for sale on the Website. Consequently, Art Hatching cannot guarantee the quality of the Artwork delivered.
3.3
Obvious typographical errors or mistakes on the Website shall not be binding on the Artists.
3.4
Art Hatching shall never be responsible for texts and/or photographs included in an offer that originate from an Artist.
3.5
The Artworks are offered subject to availability.
3.6
The prices stated are in euros, including VAT and excluding shipping costs.
3.7
Artworks may only be ordered and paid for directly via the Website by Customers who reside or are established in the Netherlands.
3.8
Customers who reside or are established outside the Netherlands may submit a request via the Inquiry option on the Website to purchase and have an Artwork shipped. Such a purchase shall only be concluded following prior agreement with the relevant Artist. Any additional shipping costs and, where applicable, taxes and VAT payable in the country of destination shall be communicated to the Customer in advance.
3.9
Every offer for an Artwork on the Website contains a brief description including information on the title, Artist's name, year of creation, dimensions and type of Artwork.
Article 4
The Service
4.1
Art Hatching shall provide the Service to the best of its ability and as a reasonably competent and diligent professional.
4.2
Art Hatching shall be entitled to temporarily take the Website offline for maintenance purposes.
4.3
Art Hatching may make changes to any part of the Website without prior notice.
4.4
Art Hatching shall be entitled at any time to decide to discontinue the Service.
Article 5
Viewing
5.1
Via the Website, the Customer may submit a request to view the Artwork at the Artist's studio. Art Hatching shall then arrange an appointment for the viewing on behalf of the Artist.
Article 6
Formation of the Purchase Agreement and Resolutive Condition
6.1
The Purchase Agreement shall be concluded when the Customer has successfully completed the entire ordering process via the Website or when the Customer concludes the purchase verbally with the Artist during the viewing. For Customers residing or established outside the Netherlands, the Purchase Agreement shall be concluded following the prior agreement referred to in Article 3.8.
6.2
Once the Purchase Agreement has been concluded via the Website, Art Hatching shall promptly send the Customer a confirmation by email.
6.3
The Purchase Agreement shall be concluded subject to the resolutive condition that the Artwork is unavailable. Artworks are unique items or limited editions. It is therefore possible that an Artwork is unexpectedly no longer available because it has already been sold and this has not yet been updated on the Website. If the Artwork ordered by the Customer is no longer available, Art Hatching shall, on behalf of the Artist, terminate the Purchase Agreement. Art Hatching shall notify the Customer of such termination within 7 days of the order being placed and shall refund, on behalf of the Artist, the payment already received for the order as soon as reasonably possible. Art Hatching shall not be liable for any loss suffered by the Customer as a result of such termination.
Article 7
Purchase Agreement
7.1
The Website is designed so that the Customer enters into the Purchase Agreement directly with the Artist. This is also made clear to the Customer via the Website.
7.2
Art Hatching is not part of the supplier-customer chain and is not a party to the Purchase Agreement. Art Hatching merely provides the Artist and the Customer with the Website and a payment system for the purpose of facilitating the conclusion of a Purchase Agreement between the Artist and the Customer and collecting payment on behalf of the Artist.
7.3
In the event of questions and/or complaints concerning the Artwork supplied by the Artist, the Customer may contact the relevant Artist directly at any time.
Article 8
Payment
8.1
Payment for an order placed via the Website is processed through Art Hatching. Art Hatching receives, on behalf of the Artist, the amounts owed by the Customer to the Artist.
8.2
Payment shall be made through the payment service provider Shopify Payments. The various payment methods are stated on the Website.
8.3
Upon completion of payment, the Customer shall receive an automatically generated invoice by email.
8.4
If the Purchase Agreement is concluded during the viewing, the Customer may pay the Artist in cash for the Artwork. If the Customer does not wish to pay in cash in such circumstances, the Customer may place the order and make payment via the Website during the viewing using the payment service provider Shopify Payments.
Article 9
Delivery
9.1
The Customer may choose from the following delivery options:
a. the Artwork being sent by the Artist to the delivery address specified by the Customer;
b. collecting the Artwork from the Artist's studio;
c. taking the Artwork with them during the viewing, if the Purchase Agreement was concluded during the viewing.
9.2
If the Artwork is shipped to the Customer:
a. Shipping costs shall be charged to the Customer. The amount of the shipping costs shall be clearly communicated to the Customer before or at the time the order is placed on the Website. For orders placed via the Website, the Artwork shall only be shipped to a delivery address in the Netherlands.
b. For Customers outside the Netherlands, delivery to a foreign delivery address may be agreed as provided for in Article 3.8. The terms and costs of such delivery shall be agreed with the Customer in advance.
c. Any transport damage must be reported by the Customer to the Artist immediately upon delivery of the Artwork, so that the Artist may hold the transport company/courier engaged by the Artist responsible for such damage.
9.3
If the Artwork is shipped to the Customer and delivery is not possible because the Customer has provided an incorrect delivery address, Art Hatching shall be entitled, on behalf of the Artist, to terminate the Purchase Agreement by means of a written statement. The Customer shall at all times be responsible for providing the correct delivery address when placing the order. If the Artwork is shipped to the Customer and delivery is not possible because the Customer has provided an incorrect delivery address and the Purchase Agreement is not terminated, the additional shipping costs for sending the Artwork again to the correct delivery address shall be charged to the Customer.
9.4
If the Customer collects, or arranges for the collection of, the Artwork from the Artist's studio, Art Hatching shall arrange an appointment with the Artist on behalf of the Customer for collection of the Artwork. If the Customer is unable to attend or is unable to attend on time, the Customer must contact the Artist immediately. When the Artwork is collected or arranged to be collected, the risk in the Artwork shall pass to the Customer at the moment a delivery act is performed by the Customer or by a third party engaged by the Customer at the Artist's studio, such as moving or lifting the Artwork.
9.5
All stated delivery periods are indicative. Exceeding a delivery period shall not entitle the Customer to compensation. If the Artist does not deliver the order within 30 days of the conclusion of the Purchase Agreement, the Customer shall have the right to terminate the Agreement free of charge, unless a longer delivery period has expressly been agreed.
9.6
The Artwork shall be delivered with a certificate of authenticity.
Article 10
Right of Withdrawal
10.1
The Customer shall have the right to terminate the Purchase Agreement within 14 days without giving any reason.
10.2
If the Customer wishes to exercise the right of withdrawal, the Customer must expressly notify the Artist within 14 days of receiving the Artwork. The Artist shall provide the Customer with a return form which the Customer may use if the Customer wishes to terminate the Purchase Agreement, but the Customer is not obliged to use it.
10.3
After the Customer has given notice as described in Article 10.2, the Customer must return the Artwork within 14 days of such notification, in such a manner that the Artwork is properly and fully protected against damage during transport, or return it to the Artist. The return address shall be clearly communicated to the Customer by the Artist.
10.4
The Customer may also return the Artwork to the Artist within the withdrawal period without first notifying the Artist that they are exercising their right of withdrawal. In such case, the Customer must include the return form or another unequivocal statement indicating that the Customer is exercising their right of withdrawal with the returned Artwork.
10.5
During the withdrawal period, the Customer shall be required to handle the Artwork and its packaging with due care. The Customer may only unpack and examine the Artwork to the extent necessary to establish its nature and characteristics. The principle is that the Customer may only inspect the Artwork in the same manner as they would be permitted to inspect it in a physical gallery.
10.6
The Customer shall be liable for any diminution in the value of the Artwork resulting from handling the Artwork in a manner that goes beyond what is permitted under Article 10.5.
10.7
If the returned Artwork has been damaged during the withdrawal period, the damage shall be deducted from the amount refunded to the Customer pursuant to Article 10.10.
10.8
If the Customer terminates the Purchase Agreement, the shipping costs associated with returning the Artwork to the Artist's return address shall be borne by the Customer. The amount of these shipping costs shall be approximately equal to the shipping costs charged to the Customer for sending the Artwork to the Customer and shall depend on the transport company/courier selected by the Customer for the return shipment.
10.9
The risk associated with the return shipment shall be borne by the Customer. It is therefore important that the Customer retains the proof of shipment for the return shipment, including the Track & Trace code, until the Artist has notified the Customer that the Artist has received the Artwork.
10.10
In the event of termination as described in this Article, Art Hatching shall, on behalf of the Artist, refund the purchase price paid and the shipping costs paid for sending the order within 14 days after the Customer has exercised the right of withdrawal, provided that the Customer has fully complied with their obligations under this Article. If the Customer retains part of the Artworks ordered from the Artist, the shipping costs paid for sending the order shall not be refunded.
10.11
Art Hatching shall refund the Customer using the same means of payment as the Customer used for the original transaction, unless the Customer has expressly agreed to another means of payment. No fees shall be charged for the refund.
10.12
Art Hatching may delay the refund until the Artist has notified Art Hatching that the Artist has received the Artwork or until the Customer has demonstrated that the Customer has returned the Artwork to the Artist, whichever occurs first.
Article 11
Use of Data
The Customer acknowledges and agrees that their name, address and place of residence details are provided to the Artist insofar as necessary for the performance of the Purchase Agreement. The Artist shall be entitled to use the Customer's data insofar as necessary for the handling and performance of the Purchase Agreement.
Article 12
Intellectual Property Rights
12.1
All intellectual property rights relating to the Website, the software and the data provided to the Customer by Art Hatching shall vest in Art Hatching or its licensors, including the Artists.
12.2
The intellectual property rights in the Artwork shall vest in the Artist. Accordingly, the Customer is expressly prohibited from:
a. making copies or reproductions of the Artwork;
b. producing or having produced, offering or otherwise exploiting products depicting the Artwork;
c. producing or having produced, offering or otherwise exploiting derivative products based on the Artwork.
12.3
The Customer must respect the intellectual property rights of Art Hatching, its licensors and the Artists at all times.
12.4
If the Customer acts in breach of the intellectual property rights of Art Hatching, its licensors or an Artist, the Customer shall be liable for all losses suffered by Art Hatching, its relevant licensor or the Artist as a result, including loss of income.
Article 13
Liability and Limitation Period
13.1
The Website is provided in its current condition and as available, without any express or implied warranty of any kind.
13.2
Art Hatching and the Artist shall not be liable for any loss that is a direct or indirect consequence of an event that is in fact beyond their control and therefore cannot be attributed to their acts and/or omissions, such as, inter alia, the circumstances described in Article 14 of these general terms and conditions.
13.3
If information on the Website originating from an Artist is incorrect or incomplete, Art Hatching shall never be liable for this.
13.4
The colours displayed on the Customer's screen may differ from the actual colours of the Artwork. The Artist shall not be liable for such colour differences.
13.5
Art Hatching does not guarantee that the Service will be free from disruptions. The Customer acknowledges that the Service may be interrupted for various reasons. Art Hatching shall not be liable for any loss resulting from a temporary interruption of the Service.
13.6
Art Hatching and the Artist shall not be liable for any loss of whatever nature arising because Art Hatching or the Artist relied on incorrect and/or incomplete information provided by the Customer, such as an incorrect delivery address.
13.7
Art Hatching shall not be liable for any defect in the Artwork supplied by the Artist. If the Customer suffers loss as a result of an Artwork supplied by the Artist, the Customer may hold the relevant Artist liable for such loss and not Art Hatching.
13.8
Art Hatching shall not be liable if, for whatever reason, the Artist fails to perform, fails to perform on time, fails to perform correctly or fails to perform fully under the Purchase Agreement.
13.9
Entering the Artist's studio is entirely at the Customer's own risk. Art Hatching shall not be liable for any loss, including property damage and personal injury, suffered by the Customer during a viewing or while collecting the Artwork.
13.10
If Art Hatching or the Artist is liable for any loss, the liability of Art Hatching or the Artist respectively shall, insofar as this is not contrary to any mandatory statutory provision, be limited to the price paid by the Customer for the part of the order to which the liability relates.
13.11
Any claim for compensation shall lapse one year after the commencement of the day following the day on which the Customer became aware of the loss.
Article 14
Force Majeure
14.1
Art Hatching shall not be obliged to provide the Service and the Artist shall not be obliged to deliver the Artwork if Art Hatching or the Artist respectively is prevented from doing so as a result of force majeure.
14.2
Force majeure on the part of Art Hatching shall include, inter alia: failure by third parties engaged by Art Hatching; the temporary unavailability or insufficient availability of software and/or internet or other telecommunications connections necessary for the provision of the Service; power failure; cybercrime; terrorism or war; loss of data as a result of computer failure; and any other situation over which Art Hatching has no decisive control.
14.3
Force majeure on the part of the Artist shall include, inter alia: theft; terrorism or war; illness; transport delays; transport restrictions; extreme weather conditions; fire; vandalism; destruction by a third party; and flooding. If the Artist is unable to deliver the Artwork, or unable to deliver it on time, due to force majeure, the Artist shall notify the Customer of this as soon as reasonably possible.
Article 15
Customer Service
15.1
For questions about the Service or for submitting a complaint concerning the Service, the Customer may contact Art Hatching's customer service. Art Hatching's customer service can be contacted in the following ways:
a. by email: info@arteomnium.com
b. by telephone: 06 10 31 60 73 (available on Monday, Wednesday and Friday between 11.00 and 16.00)
15.2
Complaints submitted to Art Hatching shall be dealt with as soon as reasonably possible. If a complaint requires a lengthy processing period, Art Hatching shall send an acknowledgement of receipt and an indication of when the Customer may expect a more detailed response.
15.3
If the Customer has a complaint about the Artist and/or the Artwork, the Customer may contact the Artist. Art Hatching shall not handle complaints relating to the Artist and/or the Artwork. The Customer must give the Artist the opportunity to investigate the complaint. For this purpose, the Artist may require the Customer to send photographs or a video of the defect to the Artist. Art Hatching shall not be responsible for the manner in which the Artist handles the Customer's complaint.
Article 16
Personal Data
Art Hatching processes personal data in accordance with the General Data Protection Regulation (GDPR). For more information about the processing of personal data by Art Hatching, the Customer may consult Art Hatching's privacy policy, see Privacy Policy.
Article 17
Governing Law and Competent Court
17.1
These general terms and conditions, all Services provided by Art Hatching, the legal relationship between the Customer and Art Hatching, and the Purchase Agreement shall be governed by Dutch law.
17.2
All disputes between the Customer and Art Hatching shall be adjudicated by the competent court in the Netherlands within whose jurisdiction Art Hatching's registered office is located. The Customer shall have one month from the date on which Art Hatching has invoked this provision against the Customer in writing to choose to have the dispute resolved by the court competent under applicable law.