Terms and conditions

General Terms and Conditions of rixt-art paintings

Email: x@rixt-art.com
Website: www.rixt-art.com

Article 1 – Definitions

  1. rixt-art paintings: rixt-art paintings, located in Soest, registered with the Chamber of Commerce under number 95600027.
  2. Customer: the person with whom rixt-art paintings has entered into an agreement.
  3. Parties: rixt-art paintings and the Customer collectively.
  4. Consumer: a Customer who is also an individual acting in a private capacity.

Article 2 – Applicability

  1. These terms and conditions apply to all quotations, offers, activities, orders, agreements, and deliveries of services or products by or on behalf of rixt-art paintings.
  2. Deviations from these terms and conditions are only valid if agreed upon in writing.
  3. The applicability of any general terms and conditions of the Customer or third parties is explicitly excluded.

Article 3 – Prices

  1. Prices are in euros, inclusive of VAT, and exclusive of any additional costs, such as administration or shipping fees, unless stated otherwise in writing.
  2. rixt-art paintings reserves the right to change the prices of its services and products at any time.
  3. Increases in the cost prices of products or parts thereof that were unforeseen at the time of the offer or agreement may result in price adjustments.
  4. The Consumer has the right to cancel the agreement due to the price increase mentioned in paragraph 3, unless the increase is due to a legal regulation.

Article 4 – Samples and Models

  1. If the Customer receives a sample or model of a product, they cannot derive rights other than that the product conforms to the sample or model, unless agreed otherwise in writing.

Article 5 – Payments and Payment Terms

  1. rixt-art paintings may require a deposit of up to 50% of the agreed amount when entering into the agreement.
  2. Payment for remaining amounts must be made within the agreed payment term after delivery.
  3. Payment terms are strict deadlines. Failure to pay within the agreed period automatically puts the Customer in default without requiring a notice or demand from rixt-art paintings.
  4. rixt-art paintings may require immediate payment or demand security for the total amount of the services or products before delivery.

Article 6 – Right of Reclamation

  1. rixt-art paintings may invoke the right of reclamation for unpaid products delivered to the Customer.
  2. This right is invoked by sending a written or electronic notice to the Customer.
  3. Upon notification, the Customer must immediately return the products to rixt-art paintings unless agreed otherwise in writing.
  4. The Customer bears the costs for returning or collecting the products.

Article 7 – Right of Withdrawal

  1. A Consumer may cancel an online purchase within 14 days without stating a reason, except in the following cases:
    • The product has been used.
    • The product is perishable, such as food or flowers.
    • The product is custom-made or personalized.
    • The product cannot be returned for hygiene reasons (e.g., underwear, swimwear).
    • The seal of data carriers (e.g., DVDs, CDs) is broken.
    • The product/service relates to accommodation, travel, catering, or leisure activities.
    • The product is a single magazine or newspaper.
    • The Consumer waived the right of withdrawal.
  2. The withdrawal period starts:
    • On the day after receiving the last product or part of an order.
    • Upon confirming access to digital content via the internet.
  3. Withdrawal must be initiated by email (x@rixt-art.com), using the withdrawal form available on the website if desired.
  4. Products must be returned within 14 days of withdrawal notice.
  5. If the Consumer fails to return the product within this period, the right of withdrawal lapses.

Article 8 – Return Costs

  1. In case of withdrawal, the Consumer is responsible for the return shipping costs.
  2. If these costs are higher than the standard postal rate, rixt-art paintings will provide an estimate of these costs.
  3. Any costs paid by the Consumer for shipping and payment of the product to the Consumer will be refunded by rixt-art paintings upon return of the entire order.

Article 9 – Suspension and Dissolution

  1. rixt-art paintings is entitled to suspend the fulfillment of its obligations or dissolve the agreement if:
    • The Customer does not fulfill their obligations under the agreement.
    • After entering into the agreement, rixt-art paintings becomes aware of circumstances that give it reason to fear that the Customer will not fulfill their obligations.
    • Due to delays by the Customer, rixt-art paintings can no longer be required to fulfill the agreement under the originally agreed terms.
  2. If the dissolution is attributable to the Customer, rixt-art paintings is entitled to claim compensation for damages, including all direct and indirect costs.

Article 10 – Delivery

  1. Delivery takes place as long as stock lasts.
  2. Delivery takes place at the location specified by the Customer.
  3. If the agreed amounts are not paid on time, rixt-art paintings has the right to suspend its obligations until the agreed payment is made.
  4. Late payment constitutes default by the Customer, and rixt-art paintings is entitled to dissolve the agreement.

Article 11 – Force Majeure

  1. rixt-art paintings is not liable if it cannot fulfill its obligations due to force majeure.
  2. Force majeure includes any external cause beyond the control of rixt-art paintings.
  3. rixt-art paintings may suspend obligations during the force majeure period. If this period lasts longer than 30 days, both parties may dissolve the agreement without obligation to pay damages.

Article 12 – Warranty

  1. rixt-art paintings guarantees that the delivered products meet the usual requirements and standards applicable at the time of delivery.
  2. This warranty does not apply if the defect was caused by improper use or if the Customer made alterations to the product.
  3. If the delivered product does not comply with the agreement, rixt-art paintings will replace or repair the product within a reasonable period.

Article 13 – Complaints

  1. Complaints regarding the product or service must be submitted in writing or electronically within 14 days of discovery.
  2. Complaints must be substantiated with evidence.
  3. rixt-art paintings will respond to complaints within 14 days. If a longer period is required, the Customer will be notified.
  4. Filing a complaint does not suspend the Customer’s payment obligation.

Article 14 – Liability

  1. rixt-art paintings is only liable for damages if caused by intent or gross negligence.
  2. rixt-art paintings is not liable for indirect damages such as loss of profits, loss of data, or loss of goodwill.
  3. The total liability is always limited to the invoice amount of the order causing the damage.

Article 15 – Intellectual Property

  1. All intellectual property rights to products, services, or information provided by rixt-art paintings remain with rixt-art paintings.
  2. The Customer is prohibited from reproducing, publishing, or sharing these materials without prior written permission.

Article 16 – Changes to General Terms and Conditions

  1. rixt-art paintings reserves the right to change or supplement these terms and conditions.
  2. Changes will be communicated to Customers in writing or electronically.
  3. If the changes are of substantial impact, the Customer has the right to dissolve the agreement.

Article 17 – Governing Law and Disputes

  1. Dutch law exclusively applies to these terms and conditions.
  2. The court in the district where rixt-art paintings is located has jurisdiction over disputes unless the law prescribes otherwise.

Article 18 – Miscellaneous

  1. Any provisions deemed invalid do not affect the validity of the remaining provisions.
  2. These terms and conditions were last updated on 1 december 2024.
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