Terms and Conditions

Terms and Conditions

Article 1 – Definitions
In these terms and conditions, the following definitions apply:

  • Cooling-off period: the period within which the consumer can make use of their right of withdrawal;
  • Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
  • Day: calendar day;
  • Long-term transaction: a distance contract concerning a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
  • Durable medium: any means that allow the consumer or entrepreneur to store information addressed to them personally in a way that makes future consultation and unaltered reproduction of the stored information possible;
  • Right of withdrawal: the ability of the consumer to withdraw from the distance contract within the cooling-off period;
  • Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance;
  • Distance contract: an agreement where, within the framework of a system organized by the entrepreneur for selling products and/or services at a distance, exclusive use is made of one or more techniques for distance communication up to and including the moment of concluding the agreement;
  • Technique for distance communication: a means that can be used for concluding a contract without the consumer and the entrepreneur meeting simultaneously in the same space.
  • General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur
info@Artevolondon.com
Chamber of Commerce number: 94396124
VAT identification number: NL005080694B15

Article 3 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and orders concluded between the entrepreneur and the consumer. 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 reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions are available for inspection at the entrepreneur’s premises and that they will be sent to the consumer free of charge as soon as possible at the consumer’s request. If the distance contract is concluded electronically, the text of these general terms and conditions may, by way of derogation from the previous paragraph and before the distance contract is concluded, be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent to the consumer free of charge, electronically or otherwise, upon request. In the event that, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs shall apply accordingly, and in the event of conflicting terms and conditions, the consumer can always invoke the most favorable applicable provision. If one or more provisions in these general terms and conditions are wholly or partially void or voidable at any time, the agreement and these terms and conditions shall otherwise remain in force, and the relevant provision will be replaced by mutual agreement by a provision that approximates the original as closely as possible. Situations not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these general terms and conditions.

Article 4 – The Offer
If an offer has a limited validity period or is made subject to conditions, this will be expressly stated in the offer. The offer is non-binding. The entrepreneur is entitled to change and adapt the offer. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer are not binding for the entrepreneur. All images, specifications, and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement. Images accompanying products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products. Each offer contains such information that it is clear to the consumer what rights and obligations are associated with accepting the offer. This concerns, in particular:

  • the price, excluding customs clearance costs and import VAT. These additional costs are at the customer’s expense and risk. The postal or courier service will apply the special arrangement for postal and courier services concerning importation. This arrangement applies when the goods are imported into the EU country of destination, which is also the case here. The postal or courier service will collect the VAT (possibly along with any customs clearance fees) from the recipient of the goods;
  • any shipping costs;
  • the method by which the agreement will be concluded and what actions are required for this;
  • 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 the period within which the entrepreneur guarantees the price;
  • the rate for distance communication if the costs of using the distance communication technique are calculated on a basis other than the regular base rate for the communication method used;
  • whether the agreement will be archived after its conclusion and, if so, in what way it can be consulted by the consumer;
  • the way in which the consumer, before concluding the agreement, can check and, if desired, correct the data provided by him in the context of the agreement;
  • any other languages in which, in addition to Dutch, the agreement can be concluded;
  • the codes of conduct to which the entrepreneur has submitted and how the consumer can consult these codes of conduct electronically; and
  • the minimum duration of the distance contract in case of a long-term transaction.

Article 5 – The Agreement
The agreement is concluded, subject to the provisions in paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures. The entrepreneur can, within the legal framework, inquire whether the consumer can meet their payment obligations, as well as all those facts and factors relevant to responsibly entering into the distance contract. If the entrepreneur has good grounds not to enter into the agreement based on this investigation, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution. The entrepreneur will include the following information with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:

  1. the address of the establishment of the entrepreneur where the consumer can lodge complaints;
  2. the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  3. the information on existing after-purchase services and guarantees;
  4. the data included in article 4, paragraph 3 of these terms and conditions unless the entrepreneur has already provided these to the consumer before the execution of the agreement;
  5. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery. Every agreement is entered into under the suspensive condition of sufficient availability of the products concerned. 

Every agreement is concluded under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

Upon purchasing products, the consumer has the option to dissolve the agreement without providing reasons within 14 days. This cooling-off period starts the day after the consumer or a representative designated by the consumer and communicated to the entrepreneur receives the product.

During the cooling-off period, the consumer will handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to determine whether they wish to keep the product. If the consumer makes use of their right of withdrawal, they will return the product with all supplied accessories and, if reasonably possible, in the original condition and packaging to the entrepreneur, following the reasonable and clear instructions provided by the entrepreneur.

When the consumer wishes to use their right of withdrawal, they are obliged to notify the entrepreneur within 14 days of receiving the product. The notification must be made by written notice/email. After the consumer has expressed their intention to use their right of withdrawal, the customer must return the product within 14 days. The consumer must provide proof that the goods were returned in a timely manner, for instance by means of a shipping receipt.

If the customer does not notify the entrepreneur within the periods mentioned in paragraphs 2 and 3, or does not return the product, the purchase is considered final.

Article 7 – Costs in the Event of Withdrawal

If the consumer uses their right of withdrawal, the costs of returning the products will be borne by the consumer.
If the consumer has made a payment, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is conditional upon the product being received back by the retailer or conclusive proof of complete return being provided.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur clearly stated this in the offer, or at least before concluding the agreement.

Exclusion of the right of withdrawal is only possible for products:

  1. that have been created by the entrepreneur in accordance with the consumer’s specifications;
  2. that are clearly personal in nature;
  3. that, by their nature, cannot be returned;
  4. that can spoil or age quickly;
  5. whose price is dependent on fluctuations in the financial market over which the entrepreneur has no control;
  6. for loose newspapers and magazines;
  7. for audio and video recordings and computer software, where the consumer has broken the seal;
  8. for hygienic products where the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

  1. related to accommodation, transport, restaurant business, or leisure activities to be performed on a specific date or during a specific period;
  2. where delivery has commenced with the express consent of the consumer before the cooling-off period has expired;
  3. related to betting and lotteries.

Article 9 – The Price

During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.

Contrary to the previous paragraph, the entrepreneur may offer products or services at variable prices if they are subject to fluctuations in the financial market over which the entrepreneur has no control. This dependency on fluctuations and the fact that any listed prices are target prices will be stated in the offer.

Price increases within 3 months of the conclusion of the agreement are only allowed if they are due to statutory regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:

  1. they are the result of statutory regulations or provisions; or
  2. the consumer has the right to terminate the agreement from the date the price increase takes effect.

The place of delivery is determined under Article 5, paragraph 1, of the Dutch VAT Act 1968, and occurs in the country where transportation begins. In this case, the delivery takes place outside the EU. Consequently, import VAT or customs clearance fees will be charged to the buyer by the postal or courier service. Therefore, the entrepreneur will not charge VAT.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the case of printing and typographical errors, the entrepreneur is not obliged to supply the product at the incorrect price.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the existing statutory provisions and/or government regulations on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.

Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims the consumer can enforce against the entrepreneur based on the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. The return of products must occur in their original packaging and in new condition.

The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual consumer's application, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

  • The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
  • The delivered products have been exposed to abnormal conditions or have been handled carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;
  • The defect is entirely or partly due to regulations that the government has set or will set regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur shall exercise the utmost care when receiving and executing product orders.

The place of delivery shall be the address that the consumer has made known to the company. In accordance with what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders with due speed, but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified no later than 30 days after placing the order. In such cases, the consumer has the right to terminate the agreement without cost and may be entitled to compensation.

In the event of termination in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.

If delivery of an ordered product proves impossible, the entrepreneur will make an effort to offer a substitute article. Upon delivery, it will be clearly and comprehensibly communicated that a substitute item is being provided. With substitute items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative previously designated and made known to the entrepreneur, unless explicitly agreed otherwise.

Article 12 – Duration Transactions: Duration, Termination, and Renewal

Termination

The consumer may terminate an agreement that has been entered into for an indefinite period and which involves the regular delivery of products (including electricity) or services, at any time, with due observance of the agreed termination rules and a notice period not exceeding one month.

The consumer may terminate an agreement that has been entered into for a fixed period and which involves the regular delivery of products (including electricity) or services, at any time, at the end of the fixed period, with due observance of the agreed termination rules and a notice period not exceeding one month.

The consumer can terminate the agreements referred to in the previous paragraphs:

  • At any time and not limited to termination at a specific time or in a specific period;
  • At least terminate in the same manner as they were entered into;
  • Always terminate with the same notice period as the entrepreneur has stipulated for themselves.

Renewal

A fixed-term agreement that involves the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed period.

In deviation from the previous paragraph, a fixed-term agreement that involves the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months if the consumer can terminate this renewed agreement at the end of the renewal period with a notice period of no more than one month.

A fixed-term agreement that involves the regular delivery of products or services may only be automatically extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month and a notice period of no more than three months in the event that the agreement involves the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.

A limited-term agreement for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be automatically continued and will end automatically after the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the commencement of the cooling-off period referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this period begins after the consumer has received confirmation of the agreement.

The consumer is obliged to report any inaccuracies in payment details provided or stated to the entrepreneur without delay.

In case of late payment by the consumer, and subject to statutory limitations, the entrepreneur is entitled to charge the reasonable costs that have been made known to the consumer in advance.

 

Article 14 – Complaints Procedure

Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur has indicated otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes

All agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.

Article 16 – CESOP

Due to the measures introduced and reinforced from 2024 in connection with the "Act amending the Turnover Tax Act 1968 (law implementing the Payment Services Directive)" and the subsequent implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may register data in the European CESOP system.