Conditions of use

Terms and conditions

1. DEFINITIONS
In these General Terms “ARTYCO.NL” shall refer to the enterprise that is registered with the business name "Artyco", in the register of commerce of the “Kamer van Koophandel” (Chamber of Commerce) in Eindhoven under the number 17189784;"Acknowledgement of receipt": acknowledgement of receipt shall have the meaning as described in article 3.2 d of these Terms."Product": the product or products that shall be delivered to you within an agreed term on the basis of the agreement reached between you and Artyco.nl, for which you shall pay a determined price;"Terms": these general terms.“Buyer”: any natural person or legal entity that enters into contact with Artyco.nl about the realization of an Agreement.“Order”: any order issued by Buyer to Artyco.nl.“Agreement”: any agreement that is reached between Artyco.nl and Buyer, any modification of it or addition to it, as well as any (legal) act performed in order to prepare for and fulfil that Agreement;“Notice”: any communication from Artyco.nl to Buyer, including, but not limited to, pamphlets, advertisements, catalogues, quotes, order confirmations, price lists, invoices, EDI,E-mail, fax if requested, bulletin board, faxes and letters. “In writing”: by fax, letter or e-mail.

2. SCOPE OF APPLICATION
2.1 These Terms are applicable to all offers, orders and agreements entered into through the website www.Artyco.nl and in which Artyco.nl is a party.
By the conclusion of an agreement between you and Artyco.nl through the procedure as laid down in clause 3.2 of these Terms, you explicitly accept these Terms.
2.2 Only after approval in writing by Artyco.nl it is possible to deviate from the stipulations in these Terms; in such a case the other stipulations remain unimpaired.
2.3 Any right and claim, as insisted on in these Terms and in any, more specific agreements on behalf of Artyco.nl, is insisted on as well on behalf of intermediaries and other third parties contracted by Artyco.nl.
2.4 Artyco.nl has a right to modify these Terms and the contents of the website.
2.5 Should any of the stipulations of these General Terms not be valid or applicable for any reason, this will not impair the other Terms.

3. OFFERS/AGREEMENTS
3.1 All offers on the website Artyco.nl are free of engagement, until you receive the acknowledgement of receipt. In the event that Artyco.nl is forced to increase the purchase price as a result of a legal regulation or a final judgement, they will inform you hereof immediately. Under these conditions, you are entitled to cancel this agreement by reporting this to Artyco.nl in writing.
3.2 The agreement between Artyco.nl and you is fulfilled once you have:
(a) placed an order at the Artyco.nl website through the fully and correctly filling in of the order form on the Artyco.nl website;
(b) confirmed in this way that the submitted data is correct by clicking on “I Accept” on the website of Artyco.nl,
(c) consequently succeeded a payment at the website; (d) hereupon received form the side of Artyco.nl by e-mail a acknowledgement that your order has been received by Artyco.nl (the "Acknowledgement of receipt").
3.3 The Acknowledgement of receipt states at least the following information:
(a) a description of the product that you have purchased and the number of articles purchased by you.
(b) the product’s price.
(c) your name, customer number, address of residence, address of delivery, address to which the invoice is to be send (in case this is not the address of residence and / or delivery address), your e-mail account and your telephone number;
(d) the delivery term of the product.
(e) the agreement’s reference number.
(f) the e-mail account and telephone number of Artyco.nl, where you raise questions concerning your order.
3.4 Artyco.nl reserves the right to, without reasons given, refuse orders or exclusively under deviating conditions. You will be informed by e-mail.
In case Artyco.nl rejects your order for whatever reason, after the “Acknowledgement of receipt” an “Order refusal” will be send.
In these circumstances no agreement is reached. Paid amounts, if any, will be refunded within 14 days.
3.5 The agreement contains all the arrangements agreed upon between you and Artyco.nl and replaces previous agreements, settlements and / or arrangements between you and Artyco.nl.
3.6 Artyco.nl ’s accounting record is valid, subject to counter evidence, as evidence of placed orders and fulfilled payments from you to Artyco.nl and performed deliveries by Artyco.nl. Artyco.nl acknowledges that electronic communication can serve as evidence. By accepting these terms you acknowledge this as well.

4. TRANSPORT AND -COSTS
4.1.Unless explicitly stated otherwise in an information, all prices of the offered articles are in Euros and include VAT.
4.2 Artyco.nl. assumes the liability during the transport of the goods that you have ordered. From the moment of delivery of the product onwards the liability for the ordered product is transferred to you, except for liabilities that can not be legally excluded by Artyco.nl.

5. TIME OF DELIVERY
5.1 The term of delivery of the product amounts at the most to 30 working days after receipt of the payment, or so much shorter as stipulated in the agreement between you and Artyco.nl. The time of delivery as indicated by Artyco.nl shall not be considered as a deadline, unless it has been agreed upon explicitly otherwise.
5.2 Should the agreed term of delivery be exceeded by Artyco.nl, you will be informed immediately in writing, regardless the reason. In such an event you will be entitled to cancel the agreement with Artyco.nl through a written notification to Artyco.nl.
5.3 Artyco.nl at all times has the right to realize partial deliveries as long as these do not exceed the agreed term of delivery.

6. RECEIPT
The buyer has the obligation to check any order on delivery for defects, such as damages and / or incompleteness. Should packages be damaged or missing, this shall immediately be reported by e-mail to Artyco.nl to info@Artyco.nl.
Only complaints that are reported by e-mail will be dealt with.

7. RETURNS
7.1 Returns should you change your mind:
You are allowed to return your order within 14 days after receipt, upon which you will receive a refund. However, the return of orders is always subject to the explicit condition that the articles are delivered to Artyco.nl in an intact state, conform with the Dutch Act on “Verkoop op Afstand” (‘Sales at Distance’). Should these aspects not be observed, we are unfortunately unable to repurchase the articles and cancel the payment.
7.2 Should you wish to cancel the agreement in accordance with clause 7.1 of these terms, you shall notify this to info@Artyco.nl per e-mail.
You shall immediately return the product to Artyco.nl.
7.3 Return in case of a mistake from our side:
Artyco.nl will replace the article or cancel your payment in the event that it has been demonstrated that you do not accept the article for valid reasons.
In the exceptional cases that an article is send to you that does not match the order, Artyco.nl reserves the right to replace the article by a new specimen or to refund the amount paid.
7.4 Should you wish to cancel the agreement on the basis of clause 7.3 of these terms, you shall notify this to info@Artyco.nl per e-mail.
You shall, however, send the product immediately back to Artyco.nl.

8.REPAYMENTS
The payments that you have already realized at the moment at which revoke the agreement with Artyco.nl in accordance with clause 7.1 and 7.2 of these terms, will be refunded by Artyco.nl within 14 days after receipt of the returned goods by Artyco.nl.
8.2 Artyco.nl reserves the right to refuse returned articles or to credit only a part of the amount if it is suspected that the product has been opened, used or damaged and the fault lies with you (anyhow, not with Artyco.nl or the product supplier).
8.3 Should Artyco.nl hold the opinion that a returned product has been damaged as a result of an act or negligence from your side, anyhow that you are liable, Artyco.nl will notify you in writing (by fax, letter, e-mail). Artyco.nl has the right to deduct the product’s reduction in value resulting from this damage, and also the whole of the forwarding costs from the amount that is going to be refunded to you.

9. COLLECTION
The payment shall be realized at the latest 30 days after the invoice date. However, should you be at default concerning payments, than you shall incur all the subsequent costs.
Amongst others, costs for reminders, bailiffs and an additional charge for loss of interests.
The latter being the legal interest rate + the actual interest rate charged by the European Bank.
In case of payment arrears, penalty interest is accrued automatically.

10. RESERVATION OF TITLE
All the goods supplied to the buyer remain the property of Artyco.nl until the moment that the payment has been completely settled, including any amount, and including interests if any and costs for which the buyer is liable for the goods supplied in accordance with agreement, and also with reference to claims for non-compliance with the before mentioned agreement.
The liability related to the supplied articles is transferred to you as from the moment of the delivery.

11. LIABILITY
11.1 Artyco.nl will never assume liability to compensate direct or subsequent damage, resulting from or arising from deficiencies of the supplied articles or from the not, not timely or not correctly functioning of the (to be) supplied goods, except for intention or gross negligence from the side of Artyco.nl. Any liability for commercial damage, the loss or reduction of data, and / or subsequent damage regardless the cause, including delays in terms of delivery of articles, is explicitly excluded.
11.2 Artyco.nl is not liable for damage of the buyer or third parties caused by its fellow workers and / or contracted third parties, regardless the several liability or cause, except for an intention that can be attributed to Artyco.nl or gross negligence. Under no circumstances the liability will exceed the cover of the insurance that has been concluded by Artyco.nl.
11.3 Artyco.nl will not assume any liability for damage, regardless the nature, arisen from or caused by improper, negligent or incompetent use, or use for other then normal purposes of goods supplied by Artyco.nl.
11.4 The buyer indemnifies Artyco.nl and its fellow workers against claims from third parties for compensation of material and immaterial damage, which is the direct or subsequent result of (use of) Artyco.nl articles.

12. FORCE MAJEURE
In the event that permanent or temporary force majeure impedes Artyco.nl to (continue to) perform the agreement, Artyco.nl has the right, without any further obligation to compensate damages and without judicial intervention to cancel the agreement partially or completely.
Artyco.nl will inform the buyer as soon as possible concerning a force majeure (at hand).

13. COMPLAINTS
13.1 All complaints concerning delivery, quality, product characteristics or any other complaint will be seriously dealt with by Artyco.nl.
13.2 You shall make your complaint at info@Artyco.nl
13.3 Artyco.nl will aim to resolve the complaint within 7 days.
Artyco.nl will inform you on the progress in writing.

14. PRIVACY & SECURITY
14.1 Artyco.nl will process and save your personal data in one or more files.
The personal data that is processed, concerns all the data that you have submitted on the order form when ordering a product, or when you register.
The purpose of the processing of your personal data is on the one hand the performance of the agreement that has been concluded between you and Artyco.nl, and on the other the ability to make customized offers.You will always be able to have a look at your personal data on the website once you have logged in.
Artyco.nl considers the data protection of its customers of the utmost importance.
Therefore we will always ensure that the personal information that you are submitting is treated confidentially and that your privacy is safeguarded.
Artyco.nl can not be held responsible for damage resulting from leaking information or theft of our customer records.
14.2 For Online payments we entered into an agreement with Payment Service Provider Qantani, guaranteeing a high degree of security and optimised payment convenience. This provider uses Secure Socket Layers (SSL), an advanced security system for the internet, to protect your personal data. In order to guarantee the security of the order process, all data – including name, address and credit card – is saved encoded on this Secure Server. We explicitly transfer the liability for any possible damage to arise at Qantani.

15. CUSTOMER SERVICE
All correspondence concerning these terms shall take place with:
info@Artyco.nl

16. APPLICABLE LAW, MEDIATION AND DISPUTES
16.1 Dutch law is applicable to all agreements entered into with Artyco.nl.
16.2 Should a dispute arise between you and Artyco.nl concerning an agreement between you and Artyco.nl, you may request Artyco.nl to arrange for the intervention of the Consumer’s Organization as a mediator in the dispute, on the condition that such an intervention is justified by the nature of the dispute.
16.3 All disputes shall, unless explicitly imposed otherwise by law, exclusively be dealt with in the competent court in Eindhoven.
Should these general terms require a further explanation of contents and intention, than the Dutch text shall always prevail as it was in force at the time of the coming into effect of the agreement.

17. DISCLAIMER
Price and type errors without prejudice.