Terms & Conditions
Section 1 Scope
The following General Terms and Conditions in their most current version at the time of order shall exclusively govern the business relationship between Thomasbijen.com, and the orderer. Thomasbijen.com shall not recognise any differing terms set out by the orderer unless such conditions have been expressly agreed to by Thomasbijen.com in writing.
Section 2 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 cart” button are summarised 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 “Proceed to pay”, you send your order details and make a binding declaration to Thomasbijen.com 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 contractual language is English.
Section 3 Cancellation
Please note that sales are final for any customized artworks, as these pieces are produced to your individual specifications. Custom products are excluded from the right to cancel.
You have the following right of cancellation for all online orders of prefabricated works (in the presentation specified by Thomasbijen.com):
You have the right to cancel this contract without reason within fourteen days.
The cancellation policy lasts 14 days from:
- A) 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
- B) 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 us +31 (0) 6 54391547 or e-mail: info(at)thomasbijen.com) of your decision to cancel in a clear, written statement.
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, including any shipping costs (with the exception of additional costs from selecting a different type of delivery than the standard) promptly – at the latest, within 14 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 or until you have provided proof of their return shipment, whichever comes first. You are to promptly send the goods back; at the very latest, this must be done within 14 days of the days you inform us of the cancellation. This deadline is met as long as the return shipment of goods is sent out within the allotted period.
For all orders you shall bear the direct costs for returning goods. Typically, goods cannot be returned by normal post. Please contact us (firstname.lastname@example.org) for more information.
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.
Section 4 Delivery
Unless agreed otherwise, delivery will be ex warehouse to your address or to the delivery address specified by you. The delivery time is approx. 10 workdays.
Section 5 Edition Certificate with signature
Thomasbijen.com will also send the orderer the Edition Certificate with the the edition details separately – and subject to a delay. In this case, the cancellation period shall only start after receipt of the Editions Certificate with signature. If you exercise your right of cancellation, you must also immediately return the unused Edition Certificate. The purchase price shall not be refunded without receipt of Edition Certificate. The right of cancellation shall lapse if the Edition Certificate is used on the work of art, the frame, the lamination or elsewhere.
Section 6 Prices, due date and payment, default
The prices stated in the online shop are final prices excluding sales taxes, shipping costs and/or other charges and are added to it in each case. Information about the shipping costs is contained in Section 8 of these T&Cs.
You can pay via PayPal, Ideal or credit card (Visa, Mastercard, American Express).
Should the account of the orderer lack sufficient funds, or the orderer countermand the bank debit without just reason, Thomasbijen.com shall have the right to demand an administration fee of €5.00 from the orderer.
Section 7 Product information
Our artworks are always dependent on environmental influences; their appearance and colour can change and fade. To ensure you keep enjoying our works of art, you should not expose the artworks, 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.
Our artworks are therefore 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.
Most Products displayed on the website are available exclusively online. These Products have limited quantities and, because of their limited availability, stock will not and cannot be refreshed. When a Product featured on the Services is no longer in stock, we use our best efforts to remove such Product from the Services in a timely manner. Should you have any questions concerning the availability of a particular Product, please contact us via info(at)thomasbijen.com.
Section 8 Errors, Inaccuracies and Omissions
We make every effort to present the most recent, accurate, and reliable information on the Services at all times. However, occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to Product descriptions, pricing, promotions, offers, and availability. Any errors are wholly unintentional and we reserve the right to amend errors or to update Product information at any time without prior notice. In the event a Product is listed at an incorrect price due to photographical error, typographical error or any other error in pricing information, we reserve the right to refuse or cancel any orders placed for any Product listed at the incorrect price. We reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and your Method of Payment charged. If your Method of Payment has already been charged for the purchase and your order is cancelled, we will issue a credit to your Method of Payment in the amount of the incorrect price.
Section 9 Colors
We have made every effort to display as accurately as possible the colors of Products that appear on the website. However, because the color display may vary according to the monitor used to view the Services, we cannot guarantee that the color of the Product you see on the Services matches the actual Product color.
Section 10 Shipping costs
Within the Netherlands, shipping is free of charge.
For shipments to all other countries please contact us info(at)thomasbijen.com as we are able to ship out to more countries. We will not be held liable for deliveries that are delayed due to events that are beyond our control. However, we will work with you to ensure a smooth delivery.
Section 11 Offsetting, retention
You only have the right to offset if your counterclaims are legally upheld or are acknowledged by Thomasbijen.com. You also have the right to offset if your 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.
Section 12 Retention of title
Until full and final payment, the delivered goods shall remain the property of Thomasbijen.com
Section 13 Liability
in no event shall Thomasbijen.com, its affiliates, licensees, successors and assigns, or any other party involved in creating, producing, or delivering the services or content be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, including lost profits, loss of revenue or anticipated profits, lost business, data or sales or any other type of damage, tangible or intangible in nature, or service interruption or the cost of substitute services arising out of or in connection with these terms, products or the use of or inability to use the services, whether based on warranty, contract or tort (including, but not limited to, negligence), product liability or any other legal theory, whether or not Thomasbijen.com or such party has been advised of the possibility of such damages, and even if a limited remedy set forth herein is found to have failed of its essential purpose.
In no event will Thomasbijen.com’s total liability arising out of or in connection with these terms or from the use of or inability to use the services or site content exceed the amounts you have paid to Thomasbijen.com in the twelve (12) month period prior to the event giving rise to the liabilty, if any, or one hundred euros (€100), if you have not had any payment obligations to Thomasbijen.com, as applicable.
if there is a problem with a product you have purchased through the services, you agree that your sole remedy is to seek a return and refund for such product in accordance with our refund and exchange policy.
the exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between Thomasbijen.com and you.
Some jurisdictions do not allow the exclusion or limitation of liability, so the above limitation may not apply to you.
Section 14 No granting of rights
By buying an artwork, 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.
Section 15 Collecting, processing and using personal data
We use your personal data (title, first and last name, postal address, email address, telephone number, and payment information) in compliance with the Dutch Data Protection Act in order to fulfil and process your order and to send messages by email in order, for example, to inform your of the status of orders. We will also store the wording of the contract and will send your order data via email.
Your personal data, which you enter during the order, is only used for processing the contract. Some of your data (title, first and last name, address data, telephone number) will be made available to our logistics partners to facilitate delivery of your order. This forwarding is only ever performed in compliance with the strict requirements of the Dutch Data Protection Act. There shall be no further forwarding of your information for purposes other than to fulfil, realise and terminate the contractual relationship between you and us, unless there is some statutory or official order to do so. The same shall apply to personal data you may have provided when contacting us in electronic or printed form.
Section 16 Applicable law
Dutch law shall apply to the exclusion of the UN Sales Convention.