legal

General conditions

GENERAL CONDITIONS

Article 1 Definitions

Account: the digital environment on the On-line order platform with which the Customer can place his Orders.

Art prints: Fine printed reproduction of a Work of Art, based on the original, which is signed by the Artist.

Order: the purchase of one or more Art prints.

Consumer: a natural person not acting from the exercise of a profession or business and who makes use of the On-line order platform.

Content: all information, including though not limited to price information, quantities, product information, data, documents, and material which the Customer makes available and/or exchanges on or by way of the On-line order platform.

Artist(s): the persons whose Works of Art are offered in the form of Art prints on the website of Mr. Wallski.

On-line order platform: the digital purchase platform, the digital environment of Mr. Wallski, where Customers can purchase Art prints directly – www.mrwallski.com.

Login Data: the user name, the password with which the Customer gains access to his Account(s).

Customer: the entity, Consumer or Business, making use of the On-line order platform and entering into the Agreement with Mr. Wallski.

Mr. Wallski: Mr. Wallski B.V., established on Vliegtuigstraat 6 E (1059 CL) in Amsterdam, CoC number 63403250.

Business: a natural or legal person who makes professional and/or business use of the On-line order platform.

Agreement: an Agreement between Mr. Wallski and the Customer regarding the purchase of one or more Art prints.

Art work(s): a visual arts artefact.

Parties: Mr. Wallski and the Customer jointly, each individually being a “Party”.

Conditions: these General Conditions, which are applicable to all use of the On-line order platform.

Article 2 Applicability

2.1 These Conditions are applicable to the Agreement between Mr. Wallski and the Customer and are made available to the Customer upon each Order. The applicability of other Conditions is emphatically rejected.

2.2 If any provision on these Conditions is void or annullable, the other provisions remain fully effective. Mr. Wallski will establish a new provision, whereby the tenor of the void or annullable provision is observed as much as possible.

2.4 Mr. Wallski has the right to modify the Conditions. Modifications will be published on the website of Mr. Wallski and will be effective from that moment.

Article 3 The offer

3.1 If an offer has a limited effective time or takes place under Conditions, this is expressly stated in the offer.

3.2 The offer contains a complete and detailed description of the proposed Art prints. The description is sufficiently detailed to enable a sound assessment of the offer by the Customer. If Mr. Wallski makes use of pictures, these are a faithful representation of the proposed Art prints. Apparent mistakes or apparent errors in the offer do not bind Mr. Wallski.

3.3 Each offer contains such information, that it is clear to the Customer what the rights and obligations are which are related to the offer.

Article 4 Registration and Agreement

4.1 Customer will obtain access through a digital account to the On-line order platform, where he can place his Order. Registration on the On-line order platform is free and takes place at the moment of Ordering, though purchase without account registration is also possible. The Agreement is concluded, subject to what is stipulated in section 4, at the moment of acceptance by the Customer of the offer and of compliance with the Conditions thereby stipulated.

4.2 If the Customer has accepted the offer through electronic channels, Mr. Wallski forthwith confirms through electronic channels receipt of the acceptance of the offer. As long as Mr. Wallski has not confirmed receipt of this acceptance, the Customer can rescind the Agreement.

4.3 Mr. Wallski will observe the greatest possible diligence upon receipt and implementation of Orders of Art prints and in case of applications for the provision of services.

4.4 As the Agreement is concluded electronically, Mr. Wallski has taken appropriate technical and organisational measures to secure the electronic transfer of data and ensures a safe web-environment, including appropriate security measures for electronic payments.

Article 5 Revocation right

5.1 If the Consumer proceeds to purchase one or more Art prints, this Consumer is aware that the so-called revocation right ex article 6: 230o BW (Netherlands Civil Code) is not applicable, on account of the effect of article 6:230p sub f under 1 BW:

5.2 The exclusion of the revocation right also applies to Businesses.

Article 6 Modifications On-line order platform

6.1 Mr. Wallski has the right, also in connection with modifications to relevant legislation and regulations as well as with changes to other requirements issued by competent authorities, to apply modifications to the On-line order platform. These modifications are stated on the website of Mr. Wallski.

Article 7 Price and payment

7.1 During the effective time indicated in the offer, the prices of the proposed Art prints and/or services are not increased, barring price increases as a result of changes to rates for sales taxes.

7.2 In derogation to the preceding section, Mr. Wallski can offer Art prints the prices of which are bound by fluctuations on the financial markets and on which the Business has no influence, at variable prices. This being subject to fluctuations and the fact that such prices as may be listed are guide prices, is indicated in the offer.

7.3 The shipping costs may still be added to the prices of the selected Art prints. The definitive shipping costs are displayed to you in any case before you definitively place an Order.

7.4 Payments for the Orders can be made through electronic advance payment by credit card, iDeal, or PayPal.

7.5 Mr. Wallski can inform itself – within legal boundaries – whether the Customer can fulfil his payment obligations, as well as of all those facts and factors, which are relevant for the responsible conclusion of the Distance Agreement. If Mr. Wallski, based on this investigation, has legitimate grounds not to enter into the Agreement, it has the right to refuse in a substantiated manner an Order, or to subject the implementation to special Conditions.

Article 8 Delivery of the Order

8.1 Mr Wallski makes sure that the Order is delivered directly to the Customer, within the established payment term, unless there is a situation of delay outside the fault or intent of Mr Wallski, in which case the Customer is informed accordingly. An established delivery time enters into effect after all information to be provided by the Customer has been received by Mr. Wallski and Mr. Wallski has received the advance payment for the relevant Order.

8.2 Unless established otherwise, the delivery of the Order takes place at the home address or the place of establishment of the Customer.

8.3 Mr Wallski will never be liable for any damage as a result of a late delivery by Mr. Wallski, or of delays occurring on another account on the part of the Customer or towards third parties, unless the late delivery to the Customer is due to intent or gross negligence on the part of Mr. Wallski.

8.4 The risk of damaging and/or of the going lost of the Art prints lies with Mr. Wallski until the moment of delivery to the Customer.

8.5 All visible damage to the packaging or the content of the Order must be reported within 8 days by the Customer to Mr. Wallski. The Customer will also directly report this damage to the relevant transporter/forwarder.

Article 9 Warranty

9.1 Mr. Wallski guarantees the soundness of the Art prints and services delivered by it in the sense that they are compliant with the specifications submitted by Mr. Wallski concerning, whereby deviations of minor importance are permitted. Mr. Wallski is never liable for printing-, writing-, and/or counting errors and/or for ambiguities in brochures, advertising, catalogues, quotations, offers, price lists and/or order confirmations, nor ever for their consequences. In case of a difference of interpretation of brochures, advertising, catalogues, quotations, offers, price lists and/or order confirmations, the interpretation of Mr. Wallski is considered binding.

9.2 An additional guarantee provided by Mr. Wallski, its supplier, importer, or licensor never limits the statutory rights and claims, which a Consumer may bring to bear on grounds of the Agreement vis-à-vis Mr. Wallski if Mr. Wallski has fallen short in complying with its part of the Agreement.

9.3 By an additional guarantee is intended any contract of Mr. Wallski, its supplier, importer, or licensor in which special rights or claims are attributed to a Consumer which go beyond what the subject is legally obliged to offer in the event he has fallen short in complying with his part of the Agreement.

9.4 The Customer is obligated to control the delivered Art prints upon receipt.

Article 10 Liability

10.1 Mr. Wallski is not liable for any Content, which is sent within the scope of its services, neither for its completeness nor for its accuracy, or for the fact that it has been wrongly transferred to them.

10.2 Mr. Wallski is only liable for direct damage. Liability for indirect damage, also including loss of profit, consequential damage, incurred losses, missed savings, and damage due to operational stagnation, is emphatically excluded. By direct damage is exclusively intended the reasonable costs to determine the cause and the extent of the damage, to the degree that the determination regards damage in the sense of these Conditions, the possible reasonable costs incurred to render the defective performance of the Business compliant with the Agreement, to the extent these can be attributed to the Business and reasonable costs incurred to prevent or mitigate direct damage as intended in these General Conditions.

10.3 Any liability for direct damage of Mr. Wallski towards Customer, on any account whatsoever, is limited per event (whereby a related series of events counts as a single event) to such typical damage as according to the circumstances at that moment could reasonably have been foreseen upon conclusion of the Agreement.

10.4 Mr. Wallski is not liable for damage of whatever nature, which has occurred because the Customer relied on inaccurate and/or incomplete (provided) information.

10.5 The limitations of the liability included in this article for Mr. Wallski do not apply in case the damage can be attributed to the wilful intent or gross negligence of Mr. Wallski.

Article 11 Force majeure

11.1 Mr. Wallski is not bound to comply with any obligation towards the Customer if it is hindered from doing so as a consequence of a circumstance which cannot be attributed to fault and which neither pursuant to the law, nor to a legal action or to commonly held opinion is attributable to it.

11.2 By force majeure is intended in these Conditions, besides what is defined such in legislation and jurisprudence, all outside causes, foreseen and unforeseen, on which Mr. Wallski cannot exert any influence, though as a result of which Mr. Wallski is unable to comply with its obligations. Mr. Wallski also has the right to appeal to force majeure if the circumstance which prevents (further) compliance with the Agreement, enters into effect after the Business should have fulfilled its contract.

11.3 During the period that the force majeure continues, Mr. Wallski can suspend the obligations from the Agreement. If this period lasts longer than two months, then each of the Parties is authorised to rescind the Agreement, without any obligation to compensate damage to the other Party.

11.4 To the extent Mr. Wallski at the time force majeure enters into effect has already partially complied with its obligations from the Agreement or will be able to do so, and to the part already fulfilled or still to be fulfilled respectively an independent value can be attributed, Mr. Wallski has the right to separately invoice the part already fulfilled or still to be fulfilled respectively. The Customer is bound to settle this invoice as if it regarded a separate Agreement.

Article 12 Intellectual property rights

12.1 All rights of intellectual property, which the On-line order platform and what is otherwise delivered pursuant to the Agreement, lie exclusively with Mr. Wallski.

12.2 To the Art prints, rights of intellectual property of Mr. Wallski and/or the Artists apply. The Customer does not have the right to create copies, reproductions etc. of the purchased Art prints nor to commercially exploit the Art prints, unless he has obtained prior written permission for this from Mr. Wallski.

12.3 It is not permitted to the Customer to remove or modify any indication regarding the rights of intellectual property of Mr. Wallski on the On-line order platform.

12.4 It is permitted to Mr. Wallski to take measures to protect its intellectual property rights and those of the Artists.

Article 13 Safeguards

13.1 The Customer safeguards Mr. Wallski against any possible claims by third parties which incur damage in connection with the implementation of the Agreement and the cause of which is attributable to others than Mr. Wallski.

13.2 The Customer safeguards Mr. Wallski against any possible claims by Artists regarding non-observance by him of the intellectual property rights, which the Art prints are subject to.

13.2 If Mr. Wallski were to be addressed on that account by third parties, then the Customer is bound to assist Mr. Wallski both judicially and extrajudicially and to forthwith take all such actions as may be expected of him in such case. Were the Customer to be negligent with regard to the taking of adequate measures, then Mr. Wallski has the right, without default notice, to proceed thereto itself. All costs and damage on the part of Mr. Wallski and third parties occurring as a result are at the integral expense and risk of the Customer.

Article 14 Complaints mechanism

14. Complaints about the implementation of the Agreement must be submitted within a reasonable term, in a complete and clearly described form, to Mr. Wallski, after the Customer has noted the defects – support@mrwallski.com.

14.2 Complaints submitted to Mr. Wallski are answered within a term of 14 days counted from the day of receipt. If a complaint requires a foreseeably longer processing time, Mr. Wallski sends an answer within the 14-day term, including a confirmation of receipt and an indication of when the Customer can expect a more elaborate answer.

Article 15 Transfer of rights and obligations

15.1 The Customer is not authorised to transfer rights and obligations from the Conditions and the Agreement to a third party without the prior written consent of Mr. Wallski. It is permitted to Mr. Wallski to transfer rights and obligations from the Conditions and Agreement to a third party.

Article 16 Privacy and Safety

16.1 Mr. Wallski observes the applicable Netherlands and European privacy legislation, such as ‘Wet bescherming persoonsgegevens’ (Wbp) and the European General Data Protection Regulation (EU 2016/679, in the following: GDPR) and considers itself obligated to protect the privacy of the Customer as much as possible. To this effect, Mr. Wallski takes all reasonable preventive measures to protect as much as possible information obtained from or about you against unauthorised use. This is further elaborated in the “Privacy Statement”.

Article 17 Other provisions

17.1 To these Conditions and to all Agreements between Mr. Wallski and the Customer these Conditions are in regard to, Netherlands legislation is exclusively applicable, also in case a contract is entirely or partially implemented abroad. The applicability of the Vienna Commercial Treaty is excluded.

17.2 Any claim against Mr. Wallski lapses if no legal action has been instituted against Mr. Wallski within 12 months after receipt of the demand regarding the claim.

17.3 All disputes flowing from offers or Agreements, whatever they are called, will be subjected to the judgment of the competent court in the Netherlands.

17.4 Parties will only appeal to the court of law after they have made every effort to settle a dispute through mutual agreement.

These general terms and conditions are available in both the Dutch and English language. In the event of any dispute arising with respect to the contents or purport of these general terms and conditions, the Dutch language version shall prevail.

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