Terms & conditions

Terms & Conditions

Article 1

1.1 Chris Luka Artwork has her registered office in Amstelveen and is registered at the Chamber of Commerce under filing number 78163102.

1.2 Customer: a natural or legal person who enters into an agreement with Chris Luka Artworks.

1.3 Consumer: a Customer as meant in article 1.2, who is not acting in the exercise of profession or company.

1.4 Website of Chris Luka Artworks: the website of Chris Luka Artworks to be reached through www.chrisluka.nl.

1.5 Products: the most comprehensive definition of a product or case, definitely including, although not exclusively, to say: original works of art by Chris Luka Artworks, reproductions of works of art by Chris Luka Artworks and other products offered by Chris Luka Artworks.

1.6 Agreement: a distance contract, whereby Customer via a by Chris Luka Artworks organised system for distance sales of products at Chris Luka Artworks and whereby up until the closing of an agreement exclusively one or more techniques for distance communication are used (for example e-mail).

1.7 Reflection time: a time during which a Consumer has the option to bring about the resolving of the purchase, via right of withdrawal.

1.8 Right of withdrawal: the option for a Consumer to – after receipt of the ordered Product(s) to return these Products to Chris Luka Artworks within the reflection time and get their purchase price back.

General provisions

Article 2

2.1 These terms apply to all offers and to all agreements (distance contracts) of Chris Luka Artworks that extend to the sale of Products.

2.2 The possible by Customer used purchase terms, are explicitly rejected and therefore not apply to agreements entered into with Chris Luka Artworks.

2.3 In case one or more provisions in these general terms completely or partially are null and void or are allowed to be declared null and void, the other general terms will remain completely applicable.

2.4 In these general terms, the word ‘in writing’ can also be classified as documents produced in writing that will be sent via electronic ways, definitely including e-mail.

2.5 The content of this website as well as the content of all other expressions of Chris Luka Artworks on the internet has been composed with the greatest care. However, Chris Luka Artworks cannot provide any guarantees concerning the nature, correctness or content of this information. Chris Luka Artworks is not liable for possible occurring errors or inaccuracies, or for the results of the use of the information concerned.

Offers

Article 3

3.1 Product specifications as well as the price of the Product including local VAT are mentioned with the Products offered on Chris Luka Artworks website. Shipping costs are displayed before or after the realization of the agreement.

3.2 Products offered on the Chris Luka Artworks website contain an as accurately as possible and truthful description and/or image of the offered Product.

3.3 In case the descriptions and/or images as described in article 3.2 turn out differently in reality, Chris Luka Artworks is not liable to compensation towards the Customer in any way. The Consumer at all times reserve their right on withdrawal as determined in article 6.1.

3.4 Chris Luka Artworks provides the Customer with information about the expected delivery time of the Product; this term is only an indication.

3.5 Possible import duties due are always for account of the Customer.

Realization of an agreement

Article 4

4.1 Agreements come about after the Customer has accepted an offer or quotation issued by Chris Luka Artworks and Chris Luka Artworks agreed to this acceptation.

4.2 An agreement also comes about in case Chris Luka Artworks proceeds with the delivery of Products to the Customer, after a Customer placed an order via the Chris Luka Artworks website.

4.3 Chris Luka Artworks is always free to – without statement of reason – not agree upon an offer made by a Customer. In the event that the Customer already made payment to Chris Luka Artworks, Chris Luka Artworks will reimburse this amount to the Customer immediately after the refusal.

Delivery

Article 5

5.1 After the realization of an agreement, Chris Luka Artworks will offer the ordered Products for transport. The costs of the transport are displayed during the realization of an agreement.

5.2 Delivery of the order proceeds on the paved road in front of the first door on ground level, unless otherwise agreed upon (in writing) between Chris Luka Artworks and the Customer.

5.3 After an agreement between Chris Luka Artworks and the Customer has come about, the Products ordered by the Customer will be delivered by a Third Party as soon as possible.

Return of Products

Article 6

6.1 After receipt of the ordered Product(s), Consumer has fourteen (14) days to – on grounds of their Right of withdrawal – return the ordered Product(s) to Chris Luka Artworks, provided that they are unopened and undamaged, without statement of reasons.

En dan wellicht onderscheid maken tussen customized en non-customized waarbij non-customized items wel kunnen worden geretourneerd binnen 14 dagen?

6.2 After receipt of the Product, Chris Luka Artworks will reimburse the invoice value of the Product to the Consumer, within thirty (30) days.

6.3 In case a Consumer uses their Right of withdrawal, the risk of the shipment and the shipping costs will be for account of the Consumer.

6.4 From the moment of receipt of the Product(s), Consumer needs to take all appropriate measures to prevent damage to the Product and/or packages.

6.5 Damaged products will never be taken back by Chris Luka Artworks.

6.6 The Consumer cannot make their Right of withdrawal valid in case the ordered Product: has been manufactured to personal preference of the Customer or falls under another exception as mentioned in article 7:46 lid 4 of the Dutch Civil Code.

Guarantee

Article 7

7.1 The Customer needs to check the delivered Products immediately after receipt. Possible defective Products need to be reported to Chris Luka Artworks, within a term of seven (7) days at the latest.

7.2 In case Chris Luka Artworks declares the complaints as justified, the Customer will be offered repair, a replacing Product or reimbursement of the invoice value of the Product.

7.3 The Customer has no right on Guarantee as described in this article in case conclusion is made that the defect to the Product is caused by the Customer.

Price & Payment

Article 8

8.1 Product specifications as well as the price of the Product including local (NL) VAT are mentioned on the Chris Luka Artworks website. Shipping costs are displayed before or during the realization of the agreement. If Import Duties apply to the shipping destination, Chris Luka Artworks will not communicate the appropriate duties through the shipping cost of Third party transporter. Shipment is executed on the basis of DAP (Delivered At Place), therefore the customer is responsible for the correct payment of import duties. Chris Luka Artworks is not liable for any quotations made by Third Party or Chris Luka Artworks upon agreement.

8.2 Payment needs to be settled during the realization of an Agreement.

8.3 Customer needs to report possible inaccuracies in the invoicing to Chris Luka Artworks immediately, after which Chris Luka Artworks will correct the amount.

8.4 Inaccuracies in the invoicing do not relieve the Customer from any payment obligations or any other obligations reported in these terms.

Retention of title & Intellectual property

Article 9

9.1 The Products delivered by Chris Luka Artworks will remain property of Chris Luka Artworks until the moment Customer has well-followed up on all the obligations from the agreement closed with Chris Luka Artworks. The intellectual property of the Products remain with CHRIS LUKA ARTWORKS. Customers of Chris Luka Artworks are not allowed to duplicate or place the website or any part of it at someone’s disposal, without permission of Chris Luka Artworks.

9.2 In case Chris Luka Artworks appeals to retention of title, the relevant closed agreement will be considered resolved, without prejudice to the right of Chris Luka Artworks to claim compensation of damage, lost interest and interest.

9.3 The content of the Chris Luka Artworks website, including, but not limited to: the texts, images, design, brands and domain names, are property of Chris Luka Artworks and are protected by copyright and intellectual or industrial property right that exists under the applicable law. Users of the website are not allowed to duplicate or place the website or any part of it at someone’s disposal, without permission of Chris Luka Artworks.

Force Majeure

Article 10

10.1 Chris Luka Artworks is not held to follow up on any obligations towards the Customer if they are restricted as a result of circumstances for which they cannot be blamed by law, nor by virtue of the law, an act in law or traffic notions.

10.2 During the period the force majeure lasts, Chris Luka Artworks can hold the obligations from the agreement in abeyance. In case the force majeure lasts longer than a period of thirty (30) days, the Customer as well as Chris Luka Artworks are entitled to resolve the agreement, without any obligation to reimburse damage suffered by the other party.

Liability

Article 11

11.1 In the event that Chris Luka Artworks is held liable, every liability is limited to – maximum- the invoice value of the agreement, at least to that part of the agreement the liability relates to.

11.2  Chris Luka Artworks is only liable for immediate damage. With immediate damage is exclusively meant:

  • The reasonable costs, to determine the cause and the size of the damage, for as far as the determining relates to damage in the sense of these terms.
  • The possible reasonable costs made to have the deficient performance of Chris Luka Artworks answered to the agreement, for as much as they can be imputed to Chris Luka Artworks.
  • Reasonable costs, made to prevent or limit damage, for as far as Customer demonstrates that these costs have lead to limit immediate damage as meant in this article.

11.3 Chris Luka Artworks excludes every liability for indirect damage suffered by the use of products supplied by Chris Luka Artworks, with the exception of situations in which the damage can be directly blamed to willful intent or gross negligence on the side of CHRIS LUKA ARTWORKS, its management and/or managing staff.

11.4 Chris Luka Artworks in any case is never liable for the following loss items: Consequential damage, loss profit, lost savings and damage by business interruption.

Applicable law and litigations

Article 12

12.1 Dutch law exclusively applies to all legal relations Chris Luka Artworks is a party in. The applicableness of the CISG is excluded.

12.2 The Customer and Chris Luka Artworks will not appeal to a Judge until after they have done the utmost to settle a dispute in mutual consultation.

12.3 Unless otherwise determined by rules of mandatory law, Dutch Law is applicable. Any disagreements will be exclusively handled by the courts in Amsterdam.

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