Terms and Conditions
In these general terms and conditions, ‘saskiavandrunen.com’ means Saskia van Drunen Art, with its registered office and principal place of business at Ekster 6, 5161WR Sprang-Capelle, the Netherlands.
Chamber of Commerce number 73740314,
VAT number NL001788646B88.
These General Terms and Conditions apply to all offers from saskiavandrunen.com, hereinafter referred to as Saskia van Drunen Art, and to all agreements between Saskia van Drunen Art and the Buyer.
In these terms and conditions ‘Saskia van Drunen Art’ means the natural or legal person who, subject to the applicability of these terms and conditions, enters into an agreement for sale and/or delivery. These terms and conditions apply to every offer from or to and to every agreement with Saskia van Drunen Art and to the execution thereof, all exclusively insofar as Saskia van Drunen Art acts as a selling and/or supplying party or could act as a result of an offer.
In these terms and conditions, ‘(the) buyer’ is understood to mean the person who, in the event of an offer or agreement, in which Saskia van Drunen Art acts or could act as the selling or supplying party as described above, acts as the counterparty of Saskia van Drunen Art, as well as its representatives. , agents, assigns and heirs.
Saskia van Drunen Art reserves the right to change or add to these terms and conditions from time to time. The amended terms and conditions therefore apply to agreements already concluded, unless this would be contrary to reasonableness and fairness in a concrete situation.
By using the Saskia van Drunen Art website and/or placing an order, the buyer accepts these General Terms and Conditions as well as all other rights and obligations as stated on the website. The provisions of these General Terms and Conditions can only be deviated from if this has been expressly agreed in writing.
If the buyer also refers to its general terms and conditions, those terms and conditions do not apply, unless Saskia van Drunen Art has expressly agreed to this in writing. If one or more articles of these terms and conditions are declared invalid by a court decision, the other provisions of these terms and conditions will remain in full force and effect and Saskia van Drunen Art and the buyer will consult on new provisions to replace the void or voided, to agree on provisions, whereby the purpose and intent of the void or annulled provisions are taken into account as much as possible. Saskia van Drunen Art is authorized to make use of third parties in the execution of an agreement with the buyer.
Offers and conclusion of agreements
Every agreement is entered into by Saskia van Drunen Art under the condition that the buyer proves to be sufficiently creditworthy. Saskia van Drunen Art is entitled to require the buyer to provide sufficient security to the satisfaction of Saskia van Drunen Art to cover his obligations towards Saskia van Drunen Art. Saskia van Drunen Art is entitled to suspend the execution of the agreement until the required security has been provided. All offers from Saskia van Drunen Art are without obligation. Offers or quotations should be regarded as an invitation to the potential buyer to make an offer. Saskia van Drunen Art is in no way bound by this, unless this is unambiguously recorded in writing. The acceptance of the invitation to make an offer by the potential buyer is considered an offer and only leads to the conclusion of an agreement if the other provisions of this article have been met. There is never an obligation for Saskia van Drunen Art to conclude an agreement with a potential Buyer. Offers and agreements are subject to the availability of products (while stocks last). If a product that is temporarily out of stock is or has been ordered by the Buyer, Saskia van Drunen Art will indicate when the product is available again. An agreement is concluded the moment an order confirmation is sent to the buyer by e-mail or by post to the e-mail address or delivery address specified by the buyer. The buyer is bound by his order and will be obliged in the event of a change and/or cancellation of the order and to compensate the damage incurred by the buyer as a result, costs already incurred, loss of profit, loss of interest and the like, irrespective of the reason, including force majeure for the change and / or cancellation, regardless of the buyer’s acceptance thereof. The aforementioned loss of profit is deemed to amount to at least 50% of the purchase price. Saskia van Drunen Art reserves the right to prove and claim a higher amount of damage. Saskia van Drunen Art is entitled to dissolve the agreement, or to refuse orders, or to attach conditions to it if it has good reason to fear that the buyer will not fulfill its obligations, for example because of past experiences. The buyer and Saskia van Drunen Art expressly agree that by using electronic communication forms a valid agreement is concluded as soon as the conditions as described above have been met. In particular, the lack of an ordinary signature does not affect the binding force of the offer and its acceptance. The electronic files of Saskia van Drunen Art count, to the extent permitted by law, as a presumption of evidence. Information, images, communications verbally, by telephone or by e-mail, etc. with regard to all offers and the most important characteristics of the products are (re)displayed or made as accurately as possible. However, Saskia van Drunen Art does not guarantee that all offers and products are fully in accordance with the information provided. In principle, deviations cannot give rise to compensation and/or dissolution, unless the deviation is such that the product does not (any longer) correspond to what the buyer could reasonably have expected, in which case the provisions on ‘exchange and right of withdrawal’ of these General Terms and Conditions Conditions apply.
All prices used by Saskia van Drunen Art are expressed in euros (€), in accordance with the relevant legal regulations, and – unless otherwise stated – include sales tax, excluding any shipping costs, unless stated otherwise in the product-related information. If the ordered product must be delivered outside the Netherlands at the request of the buyer, the buyer is liable for payment of any turnover tax or import duties owed.
Any special offers are only valid for the period of validity as stated with that specific offer. The Buyer owes the price that Saskia van Drunen Art has communicated to the buyer in its confirmation in accordance with the provisions of these terms and conditions. Obvious errors in the quotation, such as obvious inaccuracies, ie errors of which the buyer could reasonably have suspected that there was an error, can also be corrected by Saskia van Drunen Art after the agreement has been concluded.
Shipping costs are in principle included in the price of the product itself, unless otherwise stated. The amount of the shipping costs to be paid by the buyer is stated on the website. Special rates apply for delivery outside the Netherlands. With regard to certain payment methods, further conditions apply with regard to the delivery method and associated costs. This will be clearly communicated to the buyer.
Saskia van Drunen Art reserves the right to change the stipulated price after the agreement has been concluded. If the price is increased, the buyer has the right to dissolve the agreement without Saskia van Drunen Art being obliged to pay compensation. This authority does not belong to the buyer if it has been agreed that the delivery will take place more than three months after the conclusion of the agreement.
Orders via the website can be paid in a number of ways. This is indicated on the website. Saskia van Drunen Art can expand the payment options in the future. New payment options will be announced via the website. The full price must be received by Saskia van Drunen Art within fourteen days of the invoice date or, if earlier, before delivery. Partial payment never obliges Saskia van Drunen Art to any delivery. As long as any amount or security owed by the buyer to Saskia van Drunen Art for whatever reason remains unpaid or has not been provided, the buyer cannot claim that any price has been paid. In the context of the foregoing, any third party who has, has had or will have financial or organizational ties with the buyer is equated with the buyer. If the price in connection with the above has not been or cannot be deemed to have been paid in full at the originally agreed time, the agreed delivery times will only start to run as soon as this is the case. Anything Saskia van Drunen Art may have delivered before full payment in accordance with the foregoing can be reclaimed by him as delivered unduly and cannot in any way put Saskia van Drunen Art in a more disadvantageous position than he would have been without this delivery. Costs associated with receiving and returning the goods during the period between receipt and return are for the account of the buyer. Before any obligation of Saskia van Drunen Art is due and payable, the consequences of non-fulfilment of that obligation by Saskia van Drunen Art can never occur and Saskia van Drunen Art can never be invoked against doubts about the fulfillment of its obligations. The buyer will be in default immediately after the payment deadline without notice of default. Payments by the buyer, irrespective of any statements to the contrary by the buyer in this regard, always serve to settle the payments owed by the buyer to Saskia van Drunen Art, for whatever reason, in the following order: interest and costs with regard to not (more) on the basis of a retention of title by Saskia van Drunen Art recoverable goods delivered by him to the buyer, the price of the aforementioned goods, other amounts owed by the buyer to Saskia van Drunen Art, interest and costs with regard to (still) by Saskia van Drunen Art on the basis of of a retention of title recoverable items sold by him to the buyer and, finally, the price of the latter items, on the understanding that within each category mentioned the longest outstanding item is always deemed to have been paid first. Payments made before the time of due and/or expiry of due and payable never give any right to a discount, interest or refund. The buyer is not authorized to set off any prices, interest and costs owed by him against claims against Saskia van Drunen Art, insofar as the latter claims have not been expressly included by Saskia van Drunen Art in the relevant invoice as a credit item. Any discounts promised will lapse as soon as the customer is in default with regard to the discounted price. Saskia van Drunen Art is not obliged to issue receipts with regard to payments. Discharge of any principal amount given by Saskia van Drunen Art without express discharge for interest and costs never implies the latter discharge. Discharge in respect of a payment given by Saskia van Drunen Art only concerns the payment for which discharge is expressly granted and not, for example, payments previously due. In the event of non-payment or late payment by the buyer, an interest of 2.0% per month is owed per day on which the payment should have taken place until the day of full payment on the outstanding amount, whereby a month started for a full month is counted. All (extra)judicial costs of whatever nature, which Saskia van Drunen Art has had to incur as a result of the buyer’s failure to fulfill his (payment) obligations, will also be borne by the buyer. In the event of late payment, Saskia van Drunen Art is authorized to dissolve the agreement with immediate effect or to suspend (further) delivery until the Buyer has fully complied with the payment obligations, including the payment of interest and costs owed. All that – payment or otherwise – to which Saskia van Drunen Art is entitled with regard to the obligations arising from any purchase agreement or these terms and conditions, nothing excepted, is jointly and severally owed by the owner, driver, or by anyone who has authority to dispose of the goods. regardless of whether they have given orders to Saskia van Drunen Art to deliver goods or services in their own name and/or for their own account, or for the account of third parties, on the understanding that performance by Saskia van Drunen Art to one of them liberates.
Delivery and delivery time
Orders are of course delivered as quickly as possible. The agreed delivery times are only an indication and never as a strict deadline.
Saskia van Drunen Art can provide further information about delivery times on the website or make it known in writing or orally. Such information is only indicative. Even in the event of deviations from the delivery period, for whatever reason, the buyer is obliged to accept the purchased item. In the event of late delivery, the buyer will declare Saskia van Drunen Art in default by registered letter and allow him a reasonable period of at least 14 working days to still fulfill the delivery. Only if Saskia van Drunen Art does not fulfill the delivery within that reasonable term, the buyer has the right to dissolve the agreement without Saskia van Drunen Art being obliged to compensate any damage. Any contractual penalty expressly imposed for exceeding the delivery term is not due if the exceeding is the result of force majeure.
Deliveries take place at the address specified by the buyer during the conclusion of the agreement. All this will be made known to the Buyer in good time. Saskia van Drunen Art will arrange for delivery by post or by any other method at the discretion of Saskia van Drunen Art.
Delivery by post or shipment in any other way will only take place after payment for the products to be delivered has been received by Saskia van Drunen Art. Saskia van Drunen Art is entitled to fulfill the delivery in parts. The additional costs of subsequent delivery are borne by Saskia van Drunen Art. Different conditions may apply for deliveries abroad.
Exchange and right of withdrawal
If there is a consumer purchase at a distance, the buyer has the right to dissolve the agreement without stating reasons during fourteen working days after receipt of the product. The costs of returning the product will be borne by the Buyer. Products must be returned well and properly packaged, incl. purchase invoice. The products must not be damaged. The complete undamaged packaging must also be present. If these conditions are not met, costs will be charged for returning/cancelling the order. These costs will be a certain percentage of the purchase price and will be determined by Saskia van Drunen Art. If an order at the door has already been refused, the costs incurred by Saskia van Drunen Art will be charged at all times. The buyer is obliged to inspect the products accurately (or have them inspected) immediately after receipt. Complaints regarding defects in the products must be made in writing as soon as possible, but no later than 7 days after postal delivery or – in the case of non-visible defects – within 21 days after the defects could reasonably have been discovered. If the buyer is a consumer within the meaning of the law, this period is 2 months after discovery of the defect. The buyer will, at his option, simply get his money back or a voucher if and as soon as the product has been returned by Saskia van Drunen Art and the complaint has been found to be justified. The costs of returning the product will be borne by Saskia van Drunen Art. Without prejudice to the law and the further provisions of these General Terms and Conditions, no complaint can be made due to a defect in the product if there is wear that can be regarded as normal and furthermore in the following cases: 1. If changes have been made in or to the product after delivery, including repairs that have not been carried out with the permission of Saskia van Drunen Art or the maker of the product; 2. if the buyer cannot prove that he purchased the product from Saskia van Drunen Art; 3. if the defects are the result of non-intended use or improper use; 4. if damage is caused by intent, gross negligence or negligent maintenance. Claims and defenses, based on facts that could justify the statement that the delivered product does not comply with the agreement, expire 1 year after the notification by the buyer to Saskia van Drunen Art, unless the buyer is a consumer, in which case a period of two years applies. If the delivered item does not comply with the agreement, Saskia van Drunen Art is only obliged, at its discretion, to deliver the missing item, repair the delivered product or replace the delivered product, unless repair or replacement is impossible or cannot be required of Saskia van Drunen Art. in which case the buyer may dissolve the agreement or reduce the purchase price in proportion to the degree of deviation from what has been agreed.
Retention of title
Ownership of products, notwithstanding the actual delivery, will only pass to the buyer after the buyer has paid in full all that which the buyer owes with regard to any agreement with Saskia van Drunen Art, including reimbursement of interest and costs, also of earlier or later deliveries and any work performed or to be performed with regard to the products. The buyer may not tax, sell, resell, alienate or otherwise encumber the products before the ownership thereof has passed. Saskia van Drunen Art is authorized, but never obliged to deliver goods to the customer, in respect of which the price, transport costs and/or claims due to failure of the buyer to fulfill its obligations have not yet been paid. If Saskia van Drunen Art nevertheless brings matters as referred to above under the control of the buyer, Saskia van Drunen Art remains the owner of the delivered goods until the buyer, with due observance of the provisions above with regard to payment, has paid the price, transport costs and claims as referred to above, has complied in full. The buyer is authorized to transfer the goods on which the retention of title rests to third parties, provided this is done at a minimum price that the buyer owes Saskia van Drunen Art for the goods in question and against cash, prior payment or subject to a stipulation. equal retention of title. The buyer is expressly not permitted to pledge these items to third parties or to hand them over to third parties who may obtain a right of retention thereon. As long as Saskia van Drunen Art is still the owner of the delivered products, the buyer is obliged to return the goods to Saskia van Drunen Art at the first request of Saskia van Drunen Art by the method to be determined by Saskia van Drunen Art. After return, the buyer will still owe the full consideration and any interest, fines and costs, which will only be deducted from any amount already received by Saskia van Drunen Art as a result of the sale of the goods by Saskia van Drunen Art. Saskia van Drunen Art is not obliged to monetize this or monetize it in any specific way or time. Neither is Saskia van Drunen Art obliged to enforce its rights under the reserved property. The sale, delivery or transfer shall never include any part of or right from the intellectual and industrial property rights of Saskia van Drunen Art. All packaging and transport materials not intended for single use, such as pallets, pallet boxes and containers, which reach the buyer, remain the property of Saskia van Drunen Art and must be made available to Saskia van Drunen Art by the buyer on first request. As soon as the buyer fails to do so, he is obliged, without prejudice to the rights of Saskia van Drunen Art from the above, to reimburse the replacement value of the relevant items to Saskia van Drunen Art.
Saskia van Drunen Art can only be held liable for damage that can be attributed to his intent or gross negligence, or that is caused by circumstances that are at his risk on the basis of mandatory rules. Saskia van Drunen Art is never liable for consequential or trading loss, indirect damage and loss of profit or turnover. If Saskia van Drunen Art, for whatever reason, is obliged to compensate any damage, the compensation will never exceed an amount equal to the invoice value with regard to the product or service that caused the damage. Saskia van Drunen Art is never obliged to pay compensation other than damage to property and/or personal injury. The buyer is obliged to indemnify Saskia van Drunen Art against any claim that third parties may assert against Saskia van Drunen Art with regard to the execution of the agreement, insofar as the law does not preclude that the relevant damage and costs are for the account of the buyer. should come. Saskia van Drunen Art may include links on its website to other websites that may be of interest or information to the visitor. Such links are for informational purposes only. Saskia van Drunen Art is not responsible for the content of the referenced website or the use that may be made of it. The products are sold in the condition in which they are. In case Saskia van Drunen Art provides services, such as giving solicited or unsolicited advice, the following applies with regard to liability: When advice is given by or on behalf of Saskia van Drunen Art, no liability can be accepted for this. The buyer indemnifies Saskia van Drunen Art against all claims that third parties may institute against Saskia van Drunen Art in connection with the aforementioned advice. Saskia van Drunen Art also accepts no liability for not giving advice in cases where the buyer believes that advice should have been given.
Force of the majority
In the event of force majeure, Saskia van Drunen Art is not obliged to fulfill its obligations towards the buyer, or the obligation to comply is suspended for the duration of the force majeure. In the event of force majeure, Saskia van Drunen Art has the right, without being obliged to pay any compensation, to declare the agreement dissolved in whole or in part, without any judicial intervention being required. This does not affect the buyer’s obligation to pay for what has already been delivered and the costs already incurred. Force majeure is understood to mean any circumstance independent of Saskia van Drunen Art’ will, as a result of which the fulfillment of its obligations towards the Buyer is wholly or partially prevented. These circumstances include strikes, fire, business failures, energy failures, non-delivery or late delivery by suppliers or other third parties engaged and the absence of any license to be obtained from the government. Force majeure also includes failures in a (telecommunications) network or connection or communication systems used and/or the website being unavailable at any time.
* Intellectual Property
The buyer expressly acknowledges that all intellectual property rights of the artwork remain the sole property of Saskia van Drunen Art including after purchase.
This includes the purchase of originals, commissions, prints and current and/or future reproductions of any kind. The purchase of any item, original or otherwise, does not grant the buyer permission to mint the piece into an NFT, print and distribute in any form or reproduce in any way by means of profit and/or otherwise.
Collectors may not reproduce artwork in any way without express written permission from the artist. Posting images of the items purchased on social media are always welcome and does not breach this clause.
All class content/ materials, including videos, PDFs, images & audio productions contain copyrighted works, trademarks and other intellectual property. All rights are reserved.
The content/materials for Saskia van Drunen classes, or any portion thereof, may not be reproduced or transmitted in any form or by any means, without the prior written consent of Saskia van Drunen Art.
The intellectial property rights displayed information, communications or other expressions with regard to the products and/or with regard to the website are and will remain with Saskia van Drunen Art, its suppliers or other entitled parties. The agreement therefore does not constitute a transfer of intellectual property rights. The buyer is prohibited from making use, including making changes, of the intellectual property rights associated with the purchased product, such as reproduction, without the express prior written permission of Saskia van Drunen Art, its suppliers or other entitled parties. With the sale and delivery of goods, all rights are expressly reserved that relate to the intellectual property of the design and production method of the sold item. These rights do not form part of the purchase agreement, unless expressly deviated from in writing. Imitation by or on behalf of the buyer is prohibited, as is making the sold item available to third parties who can reasonably be expected to imitate the purchased item. In the event of violation of this prohibition, the buyer forfeits a fine that cannot be mitigated of 50% of the purchase price, with a minimum of € 500 per case or article 2 produced. The buyer undertakes to impose the prohibition contained in this article, together with the penalty clause, on its legal successors and also to impose the prohibition, together with the penalty clause, on its legal successors, in such a way that those legal successors Hunter Paintings are bound.3. In the event of non-compliance with the obligations arising from the previous paragraph, the buyer will be liable for the actions of its legal successors and forfeit to Saskia van Drunen Art an immediately due and non-mitigating fine of €5,000 per case.
* Personal data
* Applicable law and competent court
Dutch law applies to all agreements concluded by Saskia van Drunen Art, as well as to the obligations arising therefrom. All disputes arising from or in connection with these terms and conditions and the legal relationships that have arisen between the parties will in the first instance be adjudicated exclusively by the competent court in Rotterdam, unless Saskia van Drunen Art prefers to turn to the competent court in the place of residence. of the buyer’s place of business or to another competent court.
Saskia van Drunen Art is located at Ekster 6, 5161WR Sprang-Capelle the Netherlands and registered with the Chamber of Commerce under number 73740314.
Saskia van Drunen Art can be reached by telephone for information from Monday to Friday from 09:00 to 17:00 on telephone number 06-48477850, or via email firstname.lastname@example.org Saskia van Drunen Art strives to answer the e-mails it receives during the availability times.