terms & conditions

The premise of my terms and conditions is; if there is something with your purchase we are going to resolve it in a nice way for both parties. Below is the legal document that is still required for some parties. But in short, it comes down to this:

BOOK
The book will be delivered to your home within 1-2 working days after payment. Shipping costs are for the buyer’s account. In principle, you cannot return a book, as I cannot see whether you have read it or not, but if for some reason you are dissatisfied with the purchase of the book, please send me an email at info@tessasmits.nl and we will solve it just fine.

EVENTS
Cancelling a workshop unfortunately means extra work and costs for me. Cancelling a workshop and changing participation dates are therefore subject to charges. I have tried to do this as nicely as possible, because I believe in solving things together, so you can always let someone else go in your place, free of charge.

• Up to 1 week before the workshop, you can change your booking to another date free of charge or cancel at 15% of the participation fee (the rest will be refunded).
• Cancellation or rebooking in the last week before the workshop: cancellation up to 2 days before the workshop starts: costs 30% (rest refunded). Rebooking up to 2 days before the workshop: free of charge
• Cancelling within 48 hours before the workshop: no show, changing or cancelling within 48 hours before the workshop starts costs 50% of the participation fee (I will refund the rest).

ART
I sell my art both online and real life. You can come and see the art with your own eyes in my studio. You can also buy the painting online. Because you know exactly what you buy when you buy real life, cancellation or returns are no longer possible.

If you buy a painting via the web shop, you have two options: pick it up yourself and thus have a look at the painting before you take it home, or have it sent by post. If you choose the latter, you do have the right of return (within 30 days, shipping costs will be at your expense).

Would you like to commission something? Then we will agree the conditions together.

And below a legal document for the enthusiast.

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GENERAL TERMS AND CONDITIONS Tessa Smits Art

Article 1. GENERAL

1.These terms and conditions apply to all offers, agreements of purchase/sale, orders of Tessa Smits Art. The general terms and conditions can be found at www.Tessa Smits Art.nl, are enclosed with every offer, cooperation agreement / consignment order and will be sent free of charge on request;

2. In view of the specific activities and rights, general conditions, such as the general conditions of the other party as consignor / artist, are not accepted by Tessa Smits Art;

3. In respect of a purchase, the other party shall never be able to invoke the circumstance that it was acting on behalf of a third party, unless the other party has expressly brought this to the attention of Tessa Smits Art and Tessa Smits Art has then accepted the order in writing under this condition;

Article 2. OPTION

1. An option is without obligation and has a maximum validity of 14 days, unless otherwise agreed in writing;

2. An artwork subject to an option cannot be sold to third parties by Tessa Smits Art without first consulting the optionee;

3. Prices, dimensions, colours, specifications, history, etc. mentioned in price sheets, quotations and other documents are for information purposes only. They have the character of an approximate indication and shall not bind Tessa Smits Art;

Article 3. purchase of art

1. If – after the order to deliver the work of art has been given – during the execution the other party has additional wishes which are not included in the purchase, these additional costs/hours – in addition to the agreed purchase price – will be charged, unless otherwise agreed. An order for additional work must be confirmed by the other party in writing. The originally agreed delivery time is cancelled by the change;

2. On purchase, the other party shall pay 100% of the purchase price.

Article 4. REIMBURSEMENT

1. All quotations and prices charged by Tessa Smits Art shall be the prices applicable at the time of the offer or the conclusion of the agreement, including VAT and other government levies, unless otherwise agreed in writing;

2. If after the conclusion of the agreement the prices of materials, taxes and/or other factors which partly determine the price of the goods and/or services change, or because Tessa Smits Art will incur higher costs, Tessa Smits Art shall be entitled to implement these price changes. Price changes of more than 10% shall give the other party the right to dissolve the agreement in writing within 7 days of receipt of the relevant notification. A dissolution as aforementioned shall not entitle the other party to compensation for any loss;

3. The purchase is taken within one month after the end of the exhibition (or earlier), unless agreed otherwise;

Article 5. INVOICE AND PAYMENT

1. When purchasing a work of art during an exhibition, the other party must pay 100% in advance.

2. Other invoices shall be paid within 14 days of the invoice date, unless otherwise agreed;

3. After expiry of the payment term, Tessa Smits Art shall be entitled to charge interest on the outstanding amount of 1.0 % per month or part of a month, to be calculated from the relevant due date;

4. All extrajudicial and judicial costs incurred by Tessa Smits Art in the context of a dispute with the counterparty, both claiming and defending, shall be for the account of the counterparty;

5. In the case of a joint purchase, each counterparty shall be individually severally liable for payment of the entire invoice amount (article 7:407 paragraph 1 of the Civil Code);

6. If the counterparty is in default of its payment obligation, Tessa Smits Art shall be entitled to suspend delivery, invoking the uncertainty exception, even if a fixed delivery time has been agreed;

Article 6. CANCELLATION

In the event of cancellation by the other party before delivery of the purchased artwork, all costs incurred by Tessa Smits Art and loss of profit shall be immediately due and payable, with a minimum of 25% of the principal sum, plus any damage suffered by Tessa Smits Art.

Article 7. DELIVERY TIME, DELIVERY, RISK, SHIPPING COSTS & SHIPPING METHOD

1. The delivery period stated in the contract shall not be regarded as a strict deadline and shall only be indicated approximately, even if expressly accepted by the other party. If the stated delivery term is exceeded, the counterparty must give Tessa Smits Art in writing a reasonable period of at least 14 days to still fulfil its obligations;

2. The agreed delivery period shall in any case, but not exclusively, be extended automatically by the period(s) during which:
- there is a delay due to any circumstance temporarily preventing performance, regardless of whether this can be attributed to Tessa Smits Art; – the counterparty fails in one or more obligations towards Tessa Smits Art, regardless of whether the reasons for this are well-founded or not; – the counterparty does not enable Tessa Smits Art to perform the agreement. This situation shall arise if, among other things, the other party fails to inform Tessa Smits Art of the place of delivery and/or to make available the data, goods or facilities necessary for the execution;

3. Works of art shall be delivered within 5 working days via DPD or comparable transport service. The cost of shipping artworks depends on the format and will be determined per artwork, costs shall be borne by the buyer.

4. Artprints will be delivered within 2 working days via TNT or comparable shipper. The costs for this are for the account of Tessa Smits Art.

5. Book will be delivered within 2 working days via TNT or similar shipper. The costs are for the account of the buyer.

Article 8. EXECUTION OF THE AGREEMENT

1. Tessa Smits Art shall execute the agreement to the best of her knowledge and ability and in accordance with the requirements of good workmanship, and on the basis of the knowledge of matters known at the time;

2. Tessa Smits Art may outsource the order or parts thereof to or have them carried out by third parties who are not employed by Tessa Smits Art, without the consent of the counterparty;

3. The other party shall ensure that all information which Tessa Smits Art states is necessary or which the other party should reasonably understand is necessary for the execution of the agreement, is provided to Tessa Smits Art in good time. If the data necessary for the execution of the agreement are not provided to Tessa Smits Art in good time, Tessa Smits Art shall be entitled to terminate the agreement and/or to charge the extra costs arising from the delay to the other party at the usual rates;

4. Transport shall be at the expense of the other party;

Article 9. GUARANTEE / COMPLAINTS

1. Tessa Smits Art guarantees that all artworks delivered are in conformity with the agreed specifications and authentic;

2. 2. The following are expressly excluded from any guarantee on artworks delivered by Tessa Smits Art: normal wear and tear (including gradual discolouration and reduction in gloss), reduction of possibilities for use and decreasing compatibility due to technical progress or otherwise, any form of damage occurring during or after the installation of (self-adhesive) materials by the opposite party, damage due to inexpert or careless use, damage occurring after or as a result of changes made after delivery;

3. Complaints are not possible if:
- nuance and colour deviations; – the work of art shows one or more imperfections and/or The damage is caused by negligence on the part of the other party, or because the other party has acted contrary to instructions, directions and advice from Tessa Smits Art; – the other party has not fulfilled its obligations towards Tessa Smits Art (financially or otherwise); – work/modifications have been carried out on the work of art by third parties without Tessa Smits Art’s written permission;

4. If the other party complains in writing and its complaint is found to be justified by Tessa Smits Art, Tessa Smits Art will, at its discretion, replace or repair the defective goods (or parts thereof) or grant a price reduction;

5. The handling of a complaint shall not suspend the payment obligation of the other party;

6. If attention is given to a complaint outside the cases described above, this shall be entirely without obligation and the other party cannot derive any rights from it;

Article 10. TRANSFER OF RISK

1. The risk of loss of or damage to the goods that are the subject of the agreement shall pass to the other party at the moment they are legally and/or actually delivered to the other party and thereby come under the control of the other party or a third party to be designated by the other party;

2. Upon delivery, the work of art shall be immediately inspected by the other party with regard to execution, quantity, size, colour and possible damage. Complaints must be reported to Tessa Smits Art in default within 48 hours, after which any right on the part of the other party shall lapse.

Article 11. NON-FULFILMENT / DISSOLUTION / SUSPENSION

Tessa Smits Art shall be entitled to dissolve the agreement in whole or in part with immediate effect, without judicial intervention, or to suspend performance, without prejudice to its rights (to performance and/or compensation), if
- the other party acts contrary to any provision of the agreement between the parties; – the other party dies, applies for a moratorium or files a petition for bankruptcy or the other party’s bankruptcy is applied for or the other party’s company is shut down or liquidated;

Article 12. RETENTION OF TITLE / INTELLECTUAL PROPERTY RIGHTS

1. Delivery takes place under retention of title. This reservation applies in respect of claims for payment of all goods delivered or to be delivered by Tessa Smits Art to the other party by virtue of any contract and/or work carried out in the context of delivery, as well as in respect of claims due to the failure of the other party to fulfil these contracts;

2. In the cases mentioned in article 11 paragraph 1 above, Tessa Smits Art shall be entitled to take back the delivered goods that have remained its property in accordance with the previous paragraph of this article. Such repossession shall count as a dissolution of the agreement(s) concluded with the other party. The counterparty irrevocably authorises Tessa Smits Art to the extent necessary to remove the goods concerned (or have them removed) from the place where they are located;

3. 3. The other party is authorised, if and insofar as necessary within the framework of its normal business activities, to dispose of the goods subject to retention of title. If the other party makes use of this right, it shall be obliged to deliver the goods subject to retention of title to third parties – subject to Tessa Smits Art’s rights of ownership. It shall also be obliged to grant Tessa Smits Art at the first request an undisclosed pledge on the claims it has or will have on these third parties. Should the other party refuse to do so, this provision shall be regarded as an irrevocable power of attorney to Tessa Smits Art to realise this right of pledge;

4. Tessa Smits Art retains all rights (of intellectual property) relating to the goods it has delivered, in particular the copyright on all works as referred to in article 10 of the Copyright Act. The Buyer undertakes not to violate or impair these rights in any way, directly or indirectly, and acknowledges that Tessa Smits Art is the entitled party;

Article 13. LIABILITY

1. Tessa Smits Art shall not be liable for damage resulting from any shortcoming in the fulfilment of its obligation(s) towards the other party unless there is intent or gross negligence. The fulfilment of the obligations under the guarantee/claim as described in article 12 above shall be regarded as sole and full compensation. Any other claim for compensation, for whatever reason, is excluded;

2. Tessa Smits Art accepts no liability for advice given by or on behalf of her;

3. Tessa Smits Art’s liability for professional misconduct resulting in (direct) damage to the other party shall be limited to a maximum of the purchase price, or at least that part of the order to which the liability relates, to a maximum of EURO 2,500.00 (In words: twenty-five hundred euros). Liability shall at all times be limited to a maximum of the amount paid by Tessa Smits Art’s insurer. Compliance with this provision shall be regarded as sole and full compensation;

4. The counterparty must always give Tessa Smits Art the opportunity to settle a complaint, otherwise the liability and therefore the compensation will lapse;

5. Tessa Smits Art shall never be liable for indirect damage, including consequential damage, loss of profit, missed savings and damage due to business stagnation;

6. The other party indemnifies Tessa Smits Art against all claims from third parties, which are directly or indirectly related to the execution of the agreement;

Article 14. FORCE MAJEURE

1. Force majeure in the sense of these general terms and conditions shall be understood to mean any circumstance beyond the will and control of Tessa Smits Art, whether or not foreseeable at the time the agreement was entered into, as a result of which fulfilment cannot reasonably be demanded of Tessa Smits Art, such as war, government measures lack of raw materials, factory or transport disruptions of any kind, strikes, lockouts or staff shortages, quarantine, epidemics, frost damage, shortcomings of third parties engaged by Tessa Smits Art for the execution of the agreement (such as late delivery by suppliers), etc. ;

2. Force majeure gives Tessa Smits Art the right to terminate the agreement in whole or in part and/or to suspend the fulfilment of its obligations, without being liable for compensation. The counterparty shall remain liable for payment in respect of the part of the agreement already executed;

Article 15. PROCESSING PERSONAL DATA AND PRIVACY POLICY

1. Tessa Smits Art shall receive and process personal data in accordance with the instructions of and under the responsibility of the other party;

2. Technical and organisational measures have been taken to protect the personal data against loss or any other form of unlawful processing, taking into account the state of the art and the nature of the processing;

3. Tessa Smits Art shall only retain personal data for as long as it is necessary for the purposes for which it was collected or used and/or as long as required by law;

4. Tessa Smits Art shall cooperate with the opposite party or third parties when the latter submit a request to exercise his or her rights, such as, but not limited to, the right to inspection, correction or removal, with the exception of the information which Tessa Smits Art is legally obliged to retain. Tessa Smits Art is legally obliged to retain data such as copies of invoices for seven years;

5. A data leak (a lost USB stick with personal data, a stolen laptop or a break-in in a data file, etc.) which leads to a considerable chance of serious harmful consequences or which has serious harmful consequences for the protection of personal data shall be reported to the Data Breach Notification Office of the Dutch Data Protection Authority;

Article 16. PARTIAL NULLITY

If one or more provisions of this agreement with the other party are invalid or not fully valid, the remaining provisions shall remain in full force and effect. In place of the invalid provisions, an appropriate arrangement shall apply, which comes as close as legally effective to the intention of the parties and the economic result sought by them;

Article 17. PLACE OF PERFORMANCE, APPLICABLE LAW, COMPETENT COURT

1. The place of business of Tessa Smits Art is the place where the other party must fulfil its obligations towards Tessa Smits Art, unless mandatory provisions dictate otherwise;

2. Dutch law shall apply exclusively to all offers and agreements of Tessa Smits Art;

3. 3. All disputes arising from the agreement concluded between the other party and Tessa Smits Art, or from further agreements resulting from it, shall be settled by the competent court;