https://www.marcelgieling.nl Terms and Conditions
Article 1 - General
1. These general terms and conditions apply to all offers, assignments, quotations, order confirmations and agreements offered by or concluded with Kunsthandel Marcel Gieling
2. These general terms and conditions can only be deviated from in writing.
3. The applicability of any general terms and conditions of the buyer is explicitly rejected by Kunsthandel Marcel Gieling.
4. The general terms and conditions drawn up in the Dutch language take precedence over the general terms and conditions translated into the English or other language.
5. Nullity, destruction or ineffectiveness of one of the provisions in these general terms and conditions does not affect the other provisions in these general terms and conditions.
6. No oral or written statement by Kunsthandel Marcel Gieling can imply a waiver of any rights or remedies available to Kunsthandel Marcel Gieling.
Article 2 - Conclusion of the agreement
A purchase agreement between the buyer and Kunsthandel Marcel Gieling is only concluded when Kunsthandel Marcel Gieling has expressly accepted an offer from the buyer.
Article 3 - Purchase prices and payment
1. The stated purchase prices are in Euro and include VAT, unless expressly agreed otherwise.
2.Unless expressly agreed otherwise, the costs of (international) shipping, returns, import and export duties, packaging and insurance are for the account of the buyer.
3. Art dealership Marcel Gieling does not accept cash payments. Payment is only possible by bank transfer.
4. Payment of the purchase price must be made no later than 30 days after the date of the invoice.
5. If the buyer pays the purchase price too late, the buyer is automatically in default and owes collection costs. Art dealer Marcel Gieling determines these costs on the basis of the scale of Extrajudicial collection costs (BIK).
Article 4 - Delivery
1. The work of art will be delivered to the buyer immediately after payment, unless expressly agreed otherwise.
2. Delivery of the work of art takes place when the buyer collects the work of art or has it collected.
3. Unless expressly agreed otherwise, the work of art is at the expense of the buyer upon delivery, even if the ownership has not yet been transferred.
Article 5 - Retention of title
Art dealer Marcel Gieling retains title to the work of art until full payment of the purchase price by the buyer. Until the ownership passes to the buyer, the buyer may not sell/rent/process/edit/restore/objection or otherwise infringe the property rights of Kunsthandel. Marcel Gieling
Article 6 - Warranties/Non-conformity/Exchange/Dissolution by buyer
1. The buyer purchases the work of art in the condition in which it is at the time of purchase (“as is”) and accepts the properties that were reasonably known at the time of the conclusion of the purchase.
2. The nature of the work of art means that due to advancing insight and age (characteristics) the properties of the work of art can change.
3. Art dealership Marcel Gieling guarantees the authenticity of the work of art, unless the guarantee is expressly or tacitly reserved (for example due to the amount of the purchase price or the indication of a specific attribution) and unless advancing insight unexpectedly affects the authenticity of the work of art.
4. If the work of art does not comply with the agreement, the buyer must – under penalty of forfeiture of rights – inform Kunsthandel Marcel Gieling of this within the payment term of 30 days or, in the case of hidden defects, no later than two months after discovery, submitting one or more expert reports showing this non-answer.
5. In the event that a situation such as that referred to in Article 6 paragraph 4 arises, and subject to the condition that the work of art is still in the same condition as at the time of delivery, the buyer may dissolve the purchase agreement with the consent of Kunsthandel Marcel Gieling, provided that of such hidden defects or such an incorrect description that the buyer would have renounced the purchase if the correct information had been known to him at the time of purchase, or in that case would have only bought the Art Object at a significantly lower price.
6. Art dealership Marcel Gieling will under no circumstances refund an amount higher than the purchase price paid to the buyer.
Article 7 - Suspension and settlement
The buyer cannot suspend (deviating from Section 7, Book 6 of the Civil Code) or set off (deviating from Section 12, Book 6 of the Civil Code) its obligation towards Kunsthandel Marcel Gieling.
Article 8 - Client inquiry/Dissolution by art dealership Marcel Gieling
1. Art dealership Marcel Gieling is amending Directive 2018/843 of 30 May 2018