DELIVERY TERMS AND CONDITIONS

 

The contractual partner and user of these terms and conditions is:

Helena Koppen - Shamoga VOF
1251 RR Laren - The Netherlands
+31 6 27 29 53 99‬ 
info@helena-gallery.com

Our terms and conditions regulate the business relationship between you and Helena Gallery and are intended to be both binding and fair. The basis for any order or contract will therefore always be the following General Terms and Conditions of Helena Gallery and you acknowledge and confirm you are aware of them and agree to their application when you place an order with us. You can read the terms and conditions right here.

Product

The appearance and colour of the photographs can change and fade. To ensure you keep enjoying our works of art, you should not expose photographs, laminations or frames, either in part or in full, to direct sunlight, hang them directly above heating appliances or expose them to a higher level of humidity than expected in a normal living room. Photographs, laminations and frames are not suitable for external areas, cellars, bathrooms or kitchens. Laminations with UV protective film or acrylic glass and wooden frames are very sensitive to scratches and dirt and should therefore only be handled with gloves or equivalent protection.

Scope

The following General Terms and Conditions in their most current version at the time of order shall exclusively govern the business relationship between Helena Koppen, Shamoga, Laren, here acting under the brand Helena Gallery, and the orderer. Helena Gallery shall not recognise any terms set out by the orderer unless such conditions have been expressly agreed to by Helena Gallery in writing.

Conclusion of contract

The display of products in the online shop does not constitute a legally binding offer; it is a non-binding online catalogue only. The products you have selected by pressing the “Add to basket” button are summarized again for you in an order overview at the end of the order process. Here you can review the various information provided during the order process and add to or correct it by clicking the “Change” button. By clicking the button “Buy now”, you send your order details and make a binding declaration to Helena Gallery that you want to purchase the products listed there (Offer). We automatically accept your offer upon receipt of your order. Directly after sending the order, you will receive an email with an order and contract conformation, in which the details of your order are listed again.
The text of your order is saved by us and upon request can be sent to you after completion of your order. For your own protection, Helena Gallery recommends printing out the order details and the General Terms and Conditions applicable at the time of order. The contractual language is English.
Please note that we sell all products in limited editions only.

Cancellation

Please note that artworks with custom mounting/framing as well as unmounted/unframed photo prints are excluded from the right to cancellation/withdrawal, as they are custom produced to your individual specifications. Custom products are considered final sale items and are excluded from the right to cancel according to Article 230p, Paragraph f, No. 1 of the Burgerlijk Wetboek of the Netherlands, Boek 6.

You have the following right of cancellation for all online orders of prefabricated works, specified by Helena Gallery.

Statutory right of cancellation & sample cancellation form:

Right of cancellation

You have the right to cancel this contract without reason within 14 days. The cancellation policy lasts 14 days from:

  • The day on which you – or a third party named by you who is not the shipping service – take/takes the goods into possession, if you ordered one item or multiple items in a single order, and the item(s) arrive(s) in a single delivery

or

  • The day on which you – or a third party named by you who is not the shipping service – take(s) the final goods into possession in the event that multiple items from a single order are shipped separately.

To exercise your right to cancel, you must inform Helena Gallery, e-mail: info@helena-gallery.com of your decision to cancel in a clear, written statement by e-mail. 
The deadline for the right to cancel will be met as long as your statement indicating you will be exercising the right to cancel is sent within the allotted cancellation period.

Cancellation Terms and Process

Should you cancel the sale contract, we are to refund all payments received from you, excluding shipping costs, promptly - at the latest, within 30 days of our receipt of the statement indicating your cancellation. Refunds will be credited back to the original payment method, unless otherwise expressly agreed upon. We can withhold the refund until such time as we have received the returned goods. You are to send the goods back in the original packaging without delay. At the very latest, they must be sent within 21 days of the day you inform us of the cancellation. This deadline is met as long as the return shipment is sent within the allotted 21 days.
You shall bear the direct cost of return shipping for your order. Goods cannot be returned by normal post.
You are only responsible for decreases in the value of goods if, after inspecting their condition, properties, and functionality, the decrease in value can be traced back to your improper handling of the goods.

Delivery

Unless agreed otherwise, delivery will be ex print or frameshop to your address or to the delivery address specified by you and because your order is especialy made to your wishes, production and delivery time is approx. 14 - 21 workdays. Don't accept any shipment when the package is torn, bended or looks damaged.

Certificate of authenticity

Each print is accompanied by a certificate of authenticity to guarantee that the high quality limited edition print is the only copy bearing this number.
If you exercise your right of cancellation, you must also immediately return the unused certificate of authenticity. The purchase price shall not be refunded without receipt of certificate of authenticity. The right of cancellation shall lapse if the certificate of authenticity is used on the work of art, the frame, the lamination or elsewhere.

Prices, due date and payment, default

The prices stated in the online shop are final prices including sales taxes. Shipping costs are included in the price. 

The purchase price is paid via credit card (Visa, Mastercard).
Should the account of the orderer lack sufficient funds, or the orderer countermand the bank debit without just reason, Helena Gallery shall have the right to demand an administration fee of €10.00 from the orderer.

If you are in default, Helena Gallery reserves the right to charge consumers default interest at 5 percentage points above the respective base rate per annum published by the European Central Bank and to charge companies 9 percentage points above the respective base rate per annum published by the European Central Bank. In addition, Helena Gallery can charge a flat rate of €2.50 per reminder, except for the initial reminder. Where greater costs are demonstrably incurred as a result of these payment arrears, Helena Gallery reserves the right to assert claims in respect of these.

In the above cases you are entitled to prove that no costs were in fact incurred by Helena Gallery or that these costs were less than the flat-rate fees stated above.

Shipping costs

Shipping costs are included in the price. 

Offsetting, retention

You only have the right to offset if your counterclaims are legally upheld or are acknowledged by Helena Gallery. You also have the right to offset if you complain of defects or assert counterclaims under the same purchase contract. In addition, you are only authorised to exercise the right of retention to the extent that your counterclaim is based on the same contractual relationship.

Retention of title

Until full and final payment, the delivered goods shall remain the property of Helena Gallery.

Liability

Within the scope of statutory provisions liable for damages without restriction.

Relating to loss of life, physical injury or damage to health which is due to willful or negligent breach of duty or is otherwise due to willful or negligent conduct by Helena Gallery.
Which is due to willful or negligent breach of duty or is otherwise due to willful or grossly negligent conduct by the provider.
The liability of Helena Gallery shall be limited to compensation for foreseeable loss or damage typical for the contract caused due to slightly negligent breaches of material duties by Helena Gallery. Material duties are duties whose fulfilment is a prerequisite for proper implementation of the contract and whose observance the orderer may rely on.

The above provisions shall apply accordingly to the liability of Helena Gallery in respect of reimbursing futile costs. Liability under the Product Liability Act shall remain unaffected.

Warranty

Unless expressly agreed otherwise, statutory warranty rights shall apply. The statutory warranty period of one year shall apply. This shall start upon handover of the goods. During this period, all defects subject to statutory warranty obligations shall be corrected free of charge.

If a defect is discovered during the inspection or subsequently, we must be advised of this immediately. Immediate in this case is if you advise us within two weeks, with the timely sending of the notification being sufficient for meeting the deadline. Irrespective of this duty of inspection and complaint, you must report obvious defects (including incorrect or short deliveries) in writing within two weeks of delivery, with the timely sending of the notification being sufficient for meeting the deadline. If you fail to perform a proper inspect and/or notify us of the defect, our liability for the unreported defect is excluded.

No granting of rights

By buying a photographic print, you are only acquiring material ownership of the print. No other rights are granted or implied. Any reproduction (copying), dissemination, leasing, public exhibition or other analogue or digital use is not permitted unless authorised by law. However, you can resell the print.

Collecting, processing and using personal data

All provisions regarding the protection of your data can be found at the Helena Gallery privacy policy. 

Applicable law

Dutch law shall apply.

This document is a translation. In the event of any dispute to the interpretation of any of these conditions, the official Dutch language version shall prevail.

Last update: 02-12-2021