Terms & conditions

These terms and conditions outline the rules and regulations for the use of Bartele Gallery's Website, located at www.oldprintsforsale.com. By accessing this website we assume you accept these terms and conditions.

Definitions

Bartele Gallery: Bartele Gallery, established in Langweer, Chamber of Commerce no. 62049666.
Customer: the party which Bartele Gallery has entered into an agreement with.
Parties: Bartele Gallery and customer together.
Consumer: a customer who is an individual acting for private purposes.

Prices

All prices used by Bartele Gallery are in euros and exclusive of shipping costs. Margin scheme is applied.
Bartele Gallery is entitled to adjust all prices for its products or services, show in its shop, on its website or otherwise, at any time.

Payments

The customer must have paid the full amount within 3 working days after placing the order.
Payment terms are considered as fatal payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default without Bartele Gallery having to send the customer a reminder or put him in default.

Right of withdrawal

A consumer may cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that the product has not been used and is in the exact same condition as when the product was deliver.
The cooling-off period of 14 days as referred to in paragraph 1 commences as soon as the consumer receives the product(s).
The consumer can notify his right of withdrawal via info@oldprintsforsale.com.
The consumer is obliged to return the product(s) to Bartele Gallery within 14 days after the notification of his right of withdrawal, after which period his right of withdrawal will lapse.

Return costs and conditions

The costs for returning a product will be borne by the consumer.
Returned items should be properly secured and packed before shipping.
Returned items should be shipped back using the same shipping method (or upgraded) as the original shipment and adequately insured.

Suspension of obligations by the customer

The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

Right of retention

Bartele Gallery can appeal to his right of retention of title and in that case retain the products sold by Bartele Gallery to the customer until the customer has paid all outstanding invoices with regard to Bartele Gallery, unless the customer has provided sufficient security for these payments.
The right of retention of title also applies on the basis of previous agreements from which the customer still owes payments to Bartele Gallery.
Bartele Gallery is never liable for any damage that the customer may suffer as a result of using his right of retention of title.

Settlement

The customer waives his right to settle any debt to Bartele Gallery with any claim on Bartele Gallery.

Retention of title

Bartele Gallery remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to Bartele Gallery under whatever agreement with Bartele Gallery including of claims regarding the shortcomings in the performance.
Until then, Bartele Gallery can invoke its retention of title and take back the goods.
Before the property is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
If Bartele Gallery invokes its retention of title, the agreement will be dissolved and Bartele gallery has the right to claim compensation, lost profits and interest.

Delivery

Delivery takes place while stocks last.
Delivery takes place at Bartele Gallery (the Netherlands) unless the parties have agreed upon otherwise.
Delivery of products ordered online takes place at the address indicated by the customer.
If the agreed price is not paid on time, Bartele Gallery has the right to suspend its obligations until the agreed price is fully paid.
In the event of late payment, the customer is automatically in default, and hereby he cannot object to late delivery by Bartele Gallery.

Delivery period

Any delivery period specified by Bartele Gallery is indicative and does not give the customer the right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.
The delivery starts once the customer has fully completed the (electronic) ordering process abd received an (electronic) confirmation of his order from Bartele Gallery.
Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless Bartele Gallery cannot deliver within 14 days after the customer has urged him to do so in writing or if the parties have agreed upon otherwise.

Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can take place in time.

Transport costs

Transport costs are paid by the customer, unless the parties have agreed upon otherwise.

Packaging and shipping

If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product. In the absence of which Bartele Gallery may not be held liable for any damage.
If the customer himself takes care of the transport of a product, he must report any visible damage to products or the packaging prior to the transport to Bartele Gallery, failing which Bartele Gallery cannot be held liable for any damage.

Guarantee

The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, will pass on the customer when these products are legally and/or factually delivered, at least are in the power of the customer or f a third party who received the product for the benefit of the customer.

Indemnity

The customer indemnifies Bartele Gallery agains all third-party claims that are related to the products and/or services supplied by Bartele Gallery.

Complaints

The customer must examine a product provided by Bartele Gallery as soon as possible for possible shortcomings.
If a deliver product does not comply with what the customer could reasonably expect from the agreement, the customer must inform Bartele Gallery of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
Consumers must inform Bartele Gallery of this within 2 month after detection of the shortcomings.
The customer gives a detailed description as possible of the shortcomings, so that Bartele Gallery is able to respond adequately.
The customer must demonstrate that the complain relates to an agreement between the parties.

Giving notice

The customer must provide any notice of default to Bartele Gallery in writing.
It is the responsibility of the customer that a notice of default actually reaches Bartele Gallery (in time).

Liability of Bartele Gallery

Bartele Gallery is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.
If Bartele Gallery is liable for any damage, it is only liable for direct damages that result from or is related to the execution of an afremeent.
Bartele Gallery is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
If Bartele Gallery is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.

Expiry period

Every right of the customer to compensation from Bartele Gallery shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 Dutch Civil Code.

Dissolution

The customer has the right to dissolve the agreement if Bartele Gallery imputably fails in the fulfillment of this obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.
If the fulfillment of the obligations by Bartele Gallery is not permanent or temporarily impossible, dissolution can only take place after Bartele Gallery is in default.
Bartele Gallery has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give Bartele Gallery good ground to fear that the customerwill not be able to fulfill his obligations properly.

Force majeure

In addition tot the provisions of article 6:75 Dutch Civil Code, a shortcoming of Bartele Gallery in the fulfillment of any obligation to the customer cannot be attributed to Bartele Gallery in any situation independent of the will of Bartele Gallery, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from Bartele Gallery.
The fore majeure situation referred to in paragraph 1 is also applicable - but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
If a situation of force majeure arises as a result of which Bartele Gallery cannot fulfill one or more obligations to the customer, these obligations will be suspended until Bartele Gallery can comply with it.
From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
Bartele Gallery does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.

Modification of the agreement

If, after the conclusion of the agreement and before its implementation, it appear necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.

Changes in the general terms and conditions

Bartele Gallery is entitled to amend or supplement these general terms and conditions.
Changes of minor importance can be made at any time.
Major changes i content will be discussed by Bartele Gallery with the customer in advance as much as possible.
Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.

Transfer of rights

The customer cannot transfer its rights deferring from an agreement with Bartele Gallery to third parties without the prior written consent of Bartele Gallery.
This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.

Consequences of nullity or annullability

If one or more provisions of these general terms and conditions prove null or annullable, this will not affect other provisions of these terms and conditions.
A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Bartele Gallery had in mind when drafting the conditions on that issue.

Applicable law and competent court

Dutch law is exclusively applicable to all agreements between the parties.
The Dutch court in the district where Bartele Gallery is established is exclusively competent in case of any disputes between parties, unless the law prescribes oitherwise.

Drawn up on 10 March 2023.