Terms & Conditions

DEFINITIONS

Art by Rosalie: Art by Rosalie, established in Amsterdam, The Netherlands, Chamber of Commerce no. 71478418.
Customer: the person with whom Art by Rosalie has entered into an agreement.
Parties: Art by Rosalie and customer together.
Consumer: a customer who is an individual acting for private purposes.

APPLICABILITY

These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Art by Rosalie.
Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.

OFFERS AND QUOTATIONS

Offers and quotations from Art by Rosalie are without engagement, unless expressly stated otherwise.
An offer or quotation is valid for a maximum period of 1 month from its date, unless another acceptance period is stated in the offer or quotation.
If the customer does not accept an offer or quotation within the applicable time frame, the offer or quotation will lapse.
Offers and quotations do not apply to repeated orders, unless the parties have agreed upon this explicitly and in writing.

ACCEPTANCE

Upon acceptance of a quotation or offer without engagement, Art by Rosalie reserves the right to withdraw the quotation or offer within 3 days after receipt of the acceptance, without any obligations towards the customer.
Verbal acceptance of the customer only commits Art by Rosalie after the customer has confirmed this in writing (or electronically).

GIFT VOUCHERS

Art by Rosalie Gift vouchers/cards available for purchase in the online webshop are valid for 3 years and must be redeemed within 3 years of purchase. Gift vouchers cannot be exchanged for cash. Value, date and voucher number is written on each Gift voucher. The purchaser’s full name is noted in a database. All this is done to help discovering possible fraud.

PRICES

All prices used by Art by Rosalie are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
Art by Rosalie is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time.
Increases in the cost prices of products or parts thereof, which Art by Rosalie could not foresee at the time of making an offer or the conclusion of the agreement, may give rise to price increases.
In the event of a price rise, Art by Rosalie will always honour the price shown on the website at the time the customer commissioned the portrait. A portrait is commissioned once Art by Rosalie has received the photo reference and been given the go-ahead by the customer to start work.
The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of statutory regulation.
The price with regard to services is determined by Art by Rosalie on the basis of the actual working hours, material costs and estimated value of the finished product.
The price is calculated according to the usual hourly rates of Art by Rosalie, valid for the period in which the work is carried out, unless a different hourly rate has been agreed.
If the parties have agreed on a total amount for a service provided by Art by Rosalie, this is always a target price, unless the parties have explicitly agreed upon in writing on a fixed price, which cannot be deviated from.
Art by Rosalie is entitled to deviate up to 10% of the target price.
If the target price exceeds 10%, Art by Rosalie must let the customer know in due time why a higher price is justified.
If the target price exceeds 10%, the customer has the right to cancel the part of the order that exceeds the target price by 10%.
Art by Rosalie has the right to adjust prices annually.
Art by Rosalie will communicate price adjustments to the customer prior to the moment the price increase becomes effective.
The consumer has the right to terminate the contract with Art by Rosalie if he does not agree with the price increase.

PAYMENTS AND PAYMENT TERM

Art by Rosalie may, at the conclusion of the agreement, require a down payment of up to 50% of the agreed amount.
The customer must have paid the full amount within 10 days after delivery of the product.
Payment terms are considered as fatal payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default, without Art by Rosalie having to send the customer a reminder or to put him in default.
Art by Rosalie reserves the right to make a delivery conditional upon immediate payment or to require adequate security for the total amount of the services or products.

CONSEQUENCES OF LATE PAYMENT

If the customer does not pay within the agreed term, Art by Rosalie is entitled to charge an interest of 1% per month from the day the customer is in default, whereby a part of a month is counted for a whole month.
When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to Art by Rosalie.
The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.
If the customer does not pay on time, Art by Rosalie may suspend its obligations until the customer has met his payment obligation.
In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of Art by Rosalie on the customer are immediately due and payable.
If the customer refuses to cooperate with the performance of the agreement by Art by Rosalie, he is still obliged to pay the agreed price to Art by Rosalie.

RIGHT OF RECOVERY OF GOODS

As soon as the customer is in default, Art by Rosalie is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
Art by Rosalie invokes the right of recovery by means of a written or electronic announcement.
As soon as the customer has been informed of the claimed right of recovery, the customer must immediately return the products concerned to Art by Rosalie, unless the parties agree to make other arrangements about this.
The costs for the collection or return of the products are at the expense of the customer.

RIGHT OF CANCELLATION

A consumer may cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that
- the product has not been used
- the product is not specially tailored or custom made for the consumer or adapted to its special needs
- it is not a product that may not be returned for hygienic reasons (underwear, swimwear, etc.)
- the seal is still intact, when the product is a data carrier with digital content (DVDs, CDs, etc.)
- the purchase does not concern an (assignment to) urgent repair
- the consumer has not renounced his right of cancellation
The reflection period of 14 days as referred to in paragraph 1 commences:
- on the day after the consumer has received the last product or part of 1 order
- as soon as the consumer has received the first the product of a subscription
- as soon as the consumer has purchased a service for the first time
- as soon as the consumer has confirmed the purchase of digital content via the internet
The consumer can notify his right of cancellation via info@artbyrosalie.com, if desired by using the withdrawal form that can be downloaded via the website of Art by Rosalie, www.artbyrosalie.com.
The consumer is obliged to return the product to Art by Rosalie within 14 days after the notification of his right of cancellation, after which period his right of cancellation will lapse.
The costs for return are due Art by Rosalie if the complete order is returned.
If the purchase costs and any other costs (such as shipping and return costs) are eligible for reimbursement according to the law, Art by Rosalie will refund these costs to the consumer within 14 days of receipt of the timely appeal to the right of withdrawal, provided that the consumer has returned the product to Art by Rosalie in time.

CUSTOM ORDER CANCELLATION

Due to the time-consuming nature of creating custom artwork, no refunds will be permitted once the artwork has been started, including any deposit payments, unless in exceptional circumstances.
If Art by Rosalie has not started on the custom artwork, the customer may cancel the order. Art by Rosalie urges the costumer to notify as soon as possible.
If the customer cancelled his custom order whilst the art making process was started, he will be charged a cancellation fee. The percentage (from 20-50% of total portrait cost) depends on several aspects and is to cover costs for payment gateways, time spent on administration, emails, mock-ups, painting and work material. Your payment will be refunded, minus the cancellation fee. Refunds cannot be made to a third party.

SUSPENSION OF OBLIGATIONS BY THE CUSTOMER

The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

RIGHTS OF RETENTION

Art by Rosalie can appeal to his right of retention of title and in that case retain the products sold by Art by Rosalie to the customer until the customer has paid all outstanding invoices with regard to Art by Rosalie, unless the customer has provided sufficient security for these payments.
The right of retention of title also applies on the basis of previous agreements from which the customer still owes payments to Art by Rosalie.
Art by Rosalie is never liable for any damage that the customer may suffer as a result of using his right of retention of title.

SETTLEMENT

The customer waives his right to settle any debt to Art by Rosalie with any claim on Art by Rosalie.

RETENTION OF TITLE

Art by Rosalie remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to Art by Rosalie under whatever agreement with Art by Rosalie including of claims regarding the shortcomings in the performance.
Until then, Art by Rosalie can invoke its retention of title and take back the goods.
Before the property is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
If Art by Rosalie invokes its retention of title, the agreement will be dissolved and Art by Rosalie has the right to claim compensation, lost profits and interest.

DELIVERY

Delivery takes place while stocks last.
Delivery of products ordered online takes place at the address indicated by the customer.
If the agreed price is not paid on time, Art by Rosalie has the right to suspend its obligations until the agreed price is fully paid.
In the event of late payment, the customer is automatically in default, and hereby he cannot object to late delivery by Art by Rosalie.

DELIVERY PERIOD

Any delivery period specified by Art by Rosalie is indicative and does not give the customer the right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.
The delivery period starts after the customer confirms an agreement in writing or electronically with Art by Rosalie.
Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the agreement, unless Art by Rosalie cannot deliver within 12 months or if the parties have agreed upon otherwise.

ACTUAL DELIVERY

The customer must ensure that the actual delivery of the products ordered by him can take place in time.

TRANSPORT COSTS

Transport costs are on behalf of the customer, unless the parties have agreed upon otherwise.

CURRENCY EXCHANGE

Since Art by Rosalie is based in the Netherlands, prices on this website are quoted in eu (Euro). However you can view all prices in your currency.The conversions are never exact, but Paypal should charge your Credit / Debit card based on actual current exchange rates. Art by Rosalie cannot be held responsible for any loss due to exchange rate fluctuations.

PACKAGING AND SHIPPING

Physical artworks will always be sent within secure and sturdy packaging, via a reliable carrier. Once the artwork leaves Art by Rosalie for transit, it is not liable for damages. All artworks will be insured during shipping to their cost value, unless otherwise stated by the customer.
If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product. In the absence of which Art by Rosalie may not be held liable for any damage.
If the customer himself takes care of the transport of a product, he must report any visible damage to products or the packaging prior to the transport from Art by Rosalie.

INSURANCE

The customer undertakes to insure and keep insured the following items adequately against fire, explosion and water damage as well as theft:
- goods delivered that are necessary for the execution of the underlying agreement
- goods being property of Art by Rosalie that are present at the premises of the customer
- goods that have been delivered under retention of title
At the first request of Art by Rosalie, the customer provides the policy for these insurances for inspection.

STORAGE

If the customer orders products later than the agreed delivery date, the risk of any quality loss is entirely for the customer.
Any extra costs as a result of premature or late purchase of products are entirely at the customer's expense.

GUARANTEE

When parties have entered into an agreement with services included, these services only contain best-effort obligations for Art by Rosalie, not obligations of results.
The warranty relating to products only applies to defects caused by faulty manufacture, construction or material.
The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, or when the cause of the defect cannot clearly be established.
The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, will pass on to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or of a third party who receives the product for the benefit of the customer.

EXCHANGE

Exchange is only possible if the following conditions are met:
- exchange takes place within 30 days after purchase upon presentation of the original invoice
- the product is returned in the original packaging or with the original (price) tags still attached to it
- the product has not been used
Discounted items, or custom made items or specially adapted articles for the customer cannot be exchanged.

PERFORMANCE OF THE AGREEMENT

Art by Rosalie executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
Art by Rosalie has the right to have the agreed services (partially) performed by third parties.
The execution of the agreement takes place in mutual consultation and after (electronically) written agreement and payment of the possibly agreed advance by the customer.
It is the responsibility of the customer that Art by Rosalie can start the implementation of the agreement on time.
If the customer has not ensured that Art by Rosalie can start the implementation of the agreement in time, the resulting additional costs and/or extra hours will be charged to the customer.

DUTY TO INFORM BY THE CUSTOMER

The customer shall make available to Art by Rosalie all information, data and documents relevant to the correct execution of the agreement to in time and in the desired format and manner.
The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if they originate from third parties, unless otherwise ensuing from the nature of the agreement.
If and insofar as the customer requests this, Art by Rosalie will return the relevant documents.
If the customer does not timely and properly provides the information, data or documents reasonably required by Art by Rosalie and the execution of the agreement is delayed because of this, the resulting additional costs and extra hours will be charged to the customer.

INTELLECTUAL PROPERTY

Art by Rosalie retains all intellectual property rights (including copyright, patent rights, trademark rights, design and design rights, etc.) on all designs, drawings, writings, data carriers or other information, quotations, images, sketches, models, scale models, etc., unless parties have agreed otherwise in writing.
The customer may not copy or have copied the intellectual property rights without prior written permission from Art by Rosalie, nor show them to third parties and / or make them available or use them in any other way.

CONFIDENTIALITY

The client keeps any information he receives (in whatever form) from Art by Rosalie confidential.
The same applies to all other information concerning Art by Rosalie of which he knows or can reasonably suspect that it is secret or confidential, or of which it can expect that its disclosure may cause damage to Art by Rosalie.
The customer takes all necessary measures to ensure that he keeps the information referred to in paragraphs 1 and 2 secret.
The obligation of secrecy described in this article does not apply to information:
- which was already made public before the customer heard this information or which later became public without being the result of a violation of the customer's duty to confidentiality
- which is made public by the customer due to a legal obligation
The confidentiality obligation described in this article applies for the duration of the underlying agreement and for a period of 3 years after the end thereof.

PENALTIES

If the customer violates the articles of these general terms and conditions about secrecy or intellectual property, then he forfeits on behalf of Art by Rosalie an immediately due and payable fine of € 1000 if the customer is a consumer and € 5000 if the customer is a company, for each violation and in addition an amount of 5% of the aforementioned amount for each day that this violation continues.
No actual damage, prior notice of default or legal proceedings are required in forfeiting the fine referred to in the first paragraph of this article.
The forfeiture of the fine referred to in the first paragraph of this article shall not affect the other rights of Art by Rosalie including its right to claim compensation in addition to the fine.

INDEMNITY

The customer indemnifies Art by Rosalie against all third-party claims that are related to the products and/or services supplied by Art by Rosalie.

COMPLAINTS

The customer must examine a product or service provided by Art by Rosalie as soon as possible for possible shortcomings.
If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Art by Rosalie of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
Consumers must inform Art by Rosalie of this within two months after detection of the shortcomings.
The customer gives a detailed description as possible of the shortcomings, so that Art by Rosalie is able to respond adequately.
The customer must demonstrate that the complaint relates to an agreement between the parties.
If a complaint relates to ongoing work, this can in any case not lead to Art by Rosalie being forced to perform other work than has been agreed.

GIVING NOTICE

The customer must provide any notice of default to Art by Rosalie in writing.
It is the responsibility of the customer that a notice of default actually reaches Art by Rosalie (in time).

JOINT AND SEVERAL CLIENT LIABILITIES

If Art by Rosalie enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to Art by Rosalie under that agreement.

LIABILITY OF ART BY ROSALIE

Art by Rosalie is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.
If Art by Rosalie is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.
Art by Rosalie is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
If Art by Rosalie is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.
All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

EXPIRY PERIOD

Every right of the customer to compensation from Art by Rosalie shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 of the Dutch Civil Code.

DISSOLUTION

The customer has the right to dissolve the agreement if Art by Rosalie imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.
If the fulfillment of the obligations by Art by Rosalie is not permanent or temporarily impossible, dissolution can only take place after Art by Rosalie is in default.
Art by Rosalie has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give Art by Rosalie good grounds to fear that the customer will not be able to fulfill his obligations properly.

FORCE MAJEURE

In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Art by Rosalie in the fulfillment of any obligation to the customer cannot be attributed to Art by Rosalie in any situation independent of the will of Art by Rosalie, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from Art by Rosalie .
The force majeure situation referred to in paragraph 1 is also applicable - but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
If a situation of force majeure arises as a result of which Art by Rosalie cannot fulfill one or more obligations towards the customer, these obligations will be suspended until Art by Rosalie can comply with it.
From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
Art by Rosalie does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.

MODIFICATION OF THE AGREEMENT

If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.

CHANGES IN THE GENERAL TERMS AND CONDITIONS

Art by Rosalie is entitled to amend or supplement these general terms and conditions.
Changes of minor importance can be made at any time.
Major changes in content will be discussed by Art by Rosalie with the customer in advance as much as possible.
Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.

TRANSFER OF RIGHTS

The customer cannot transfer its rights deferring from an agreement with Art by Rosalie to third parties without the prior written consent of Art by Rosalie .
This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.

CONSEQUENCES OF NULLITY OR ANNULLABILITY

If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.
A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Art by Rosalie had in mind when drafting the conditions on that issue.

APPLICABLE LAW AND COMPETENT COURT

Dutch law is exclusively applicable to all agreements between the parties.
The Dutch court in the district where Art by Rosalie is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.

Drawn up on the 6th of april 2021.