Article 1 – Definitions

In these terms and conditions, the following definitions apply:

1. Entrepreneur: The individual or legal entity offering products and/or services to consumers at a distance.
2. Consumer: An individual who enters into a distance contract with the entrepreneur for personal purposes, not related to their profession or business.
3. Distance Contract: An agreement made exclusively through one or more means of distance communication as part of a system organized by the entrepreneur for the distance selling of products and/or services.
4. Means of Distance Communication: Methods that can be used to conclude an agreement without the consumer and entrepreneur being physically present together.
5. Cooling-off Period: The time frame within which the consumer can exercise their right of withdrawal.
6. Right of Withdrawal: The consumer’s option to terminate the distance contract within the cooling-off period.
7. Day: Calendar day.
8. Durable Data Carrier: Any tool that allows the consumer or entrepreneur to store information addressed personally to them in a way that permits future reference and unaltered reproduction.

Article 2 – Identity of the Entrepreneur

Imhof Fine Arts
Pastoor Jacobsweg 100
6226VX Maastricht

Chamber of Commerce (KVK): 94903328
VAT Identification Number: NL005116271B19

Article 3 – Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and every distance contract concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not feasible, it will be indicated where the terms can be viewed, and they will be sent free of charge upon the consumer’s request.
3. If the distance contract is concluded electronically, the text of these general terms and conditions can be provided electronically in such a manner that the consumer can easily store it on a durable data carrier.
4. In cases where specific product or service conditions apply in addition to these general terms and conditions, the most favorable provisions for the consumer will prevail in the event of a conflict.

Article 4 – The Offer

1. If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated.
2. The offer includes a complete and accurate description of the products and/or services offered. Images used will accurately represent the products and/or services. Mistakes or errors in the offer do not bind the entrepreneur.
3. The offer will clearly state the following information:
   • The total price including taxes.
   • Any possible delivery costs.
   • The method of concluding the agreement and the necessary steps.
   • Whether or not the right of withdrawal applies.
   • The method of payment, delivery, and execution of the agreement.
   • The period for accepting the offer or maintaining the price.
   • The rate for distance communication if applicable.
   • How the consumer can correct mistakes before finalizing the agreement.
   • Any languages available for the agreement in addition to Dutch.
   • The codes of conduct to which the entrepreneur subscribes and how the consumer can access them electronically.

Article 5 – The Agreement

1. The agreement is concluded when the consumer accepts the offer and complies with the specified conditions.
2. If the consumer accepts the offer electronically, the entrepreneur will promptly confirm receipt of acceptance electronically.
3. The entrepreneur will secure the electronic transfer of data and ensure a safe web environment. Electronic payments will be protected by appropriate security measures.
4. The entrepreneur may assess the consumer’s ability to meet payment obligations and other relevant factors. If there are valid reasons, the entrepreneur may refuse an order or attach special conditions to it.
5. The entrepreneur will provide the consumer with the following information upon delivery of the product or service:
   • Conditions and methods for exercising the right of withdrawal.
   • Information on after-sales services.
   • The information provided in Article 4, paragraph 3, unless already provided.

Article 6 – Right of Withdrawal for Product Delivery

1. The consumer has the right to dissolve the agreement within seven working days without giving any reason. This period starts the day after receipt of the product.
2. During this period, the consumer must handle the product and packaging with care, only using it to the extent necessary to decide whether to keep it. If the consumer exercises the right of withdrawal, they must return the product with all accessories and original packaging, following the entrepreneur’s reasonable instructions.

Article 7 – Costs in Case of Withdrawal

1. If the consumer exercises the right of withdrawal, they will bear the return shipping costs.
2. The entrepreneur will refund any payment made by the consumer as soon as possible, but no later than 30 days after the return or withdrawal.

Article 8 – Exclusion of the Right of Withdrawal

1. The right of withdrawal can only be excluded if the entrepreneur has clearly stated this in the offer.
2. Exclusion of the right of withdrawal is possible only for products:
   • Made according to the consumer’s specifications.
   • Clearly personal in nature.
   • That cannot be returned due to their nature.

Article 9 – The Price

1. Prices stated in the offer will not increase during the offer’s validity period, except for changes in VAT rates.
2. Prices for products or services subject to financial market fluctuations beyond the entrepreneur’s control can vary, but this will be stated in the offer.
3. Price increases within three months of the agreement’s conclusion are permitted only if due to legal regulations.
4. Price increases after three months are allowed only if stipulated and the consumer can terminate the agreement.
5. Prices stated in the offer include VAT.

Article 10 – Conformity and Warranty

1. The entrepreneur guarantees that products and services comply with the agreement, offer specifications, reasonable reliability and usability requirements, and legal provisions.
2. Guarantees provided by the entrepreneur, manufacturer, or importer do not affect the consumer’s statutory rights.

Article 11 – Delivery and Execution

1. The entrepreneur will take utmost care in receiving and fulfilling product orders and service requests.
2. The delivery address is the address provided by the consumer.
3. Accepted orders will be executed promptly and within 30 days unless a longer period is agreed upon. Delays will be communicated within one month, allowing the consumer to dissolve the agreement.
4. In case of dissolution, the entrepreneur will refund the consumer’s payment within 30 days.
5. If an ordered product is unavailable, the entrepreneur will offer a replacement item. The right of withdrawal cannot be excluded for replacement items, and return costs are borne by the entrepreneur.
6. The entrepreneur bears the risk of product damage or loss until delivery to the consumer, unless otherwise agreed.

Article 12 – Payment

1. Payments must be made through the methods specified by Imhof Fine Arts unless otherwise agreed.
2. The consumer must report inaccuracies in payment details immediately.
3. In case of non-payment, the entrepreneur may charge reasonable costs, provided these have been communicated in advance.

Article 13 – Complaints Procedure

1. Complaints must be submitted to the entrepreneur promptly, clearly describing the issue.
2. The entrepreneur will respond to complaints within 14 days. If more time is needed, an acknowledgment of receipt and an estimated response time will be provided.

Article 14 – Additional or Deviating Provisions

Any additional or deviating provisions from these terms and conditions must not disadvantage the consumer and must be documented in a manner accessible to the consumer on a durable data carrier.