Article 1. Definitions
1.1. In deze algemene voorwaarden worden de hierna volgende termen in de navolgende betekenis gebruikt, tenzij uitdrukkelijk anders is aangegeven of uit de context anders blijkt:
- Studio B – Kol Gallery: user of the terms & conditions : Studio B – Kol Gallery established in Den Haag, The Netherlands, Chamber of Commerce number 64930955;
- Customer: the party who places an order at Kol Gallery;
- Agreement: the agreement between Kol Gallery and the customer;
- website: kol.gallery
Article 2. Algemeen
2.1. These terms & conditionsapply to every agreement that is concluded via the website between Kol Gallery and the customer.
Article 3. Offers
3.1. All offers and quotations are without obligation, unless stated otherwise.
3.2. The prices stated on the website are in euros and include VAT and exclude shipping costs.
3.3.Offers or quotations do not automatically apply to future agreements.
3.4. Images, prices and further information provided by Kol Gallery are subject to change and do not bind Kol Gallery.
3.5. Kol Gallery is not bound by its offer in the event of printing, typesetting or programming errors in its mailings or on the website.
3.6. The range offered on the website can be changed.
Article 4. Images
4.1. All images and data, concerning dimensions, colors, etc. of the offered products included on the website are approximate only and cannot give rise to compensation and / or dissolution. We do our best to ensure that all images and descriptions correspond to the actual works. There may be slight variations in color between the image of a product and the actual product sold.
Article 5. Realization of the agreement
5.1. The agreement is concluded after the customer has completed the entire ordering procedure via the website.
5.2. After the agreement has been concluded via the website, Kol Gallery sends the customer a confirmation via e-mail that Kol Gallery has received the order. The customer’s order number is included in this confirmation email.
Article 6. Account
6.1. The customer can create an account on the website by completing the online registration form.
6.2. The password and username that the customer uses to log in to the website must be kept secret.
Article 7. Payment
7.1. The customer can pay for the products ordered via the website with
- By transferring the invoice amount to the bank account number made known by Studio B – Kol Gallery
- via PayPal. If you wish, we request you to send an email to firstname.lastname@example.org with a request for a credit card payment.
7.2. After receipt of the payment, Studio B – Kol Gallery will proceed to fulfill the order and Kol Gallery will send the customer an email that the payment has been received.
Article 8. Delivery
8.1. The delivery times stated by Kol Gallery are not to be regarded as deadlines.
8.2. The amount of the shipping costs will be communicated separately to the customer via the website prior to the time of ordering.
8.3. It is possible to pick up the order at Kol Gallery. When ordering the products, the customer can choose this option. If the customer wishes to pick up the order, Kol Gallery will send the customer an e-mail when the order is ready and an appointment will be made with the customer.
Article 9. Discount code
9.1. The period of validity of the discount code is stated in the email in which the discount code is issued. After the expiry of the validity period, the discount code can no longer be used.
9.2. The discount code cannot be exchanged for cash.
Article 10. Right of withdrawal
10.1. The customer has the right for 14 days after receipt of the product to dissolve the agreement without giving reasons and to return the delivered product, provided that it is unused, unaltered and provided with its original labels, packaging.
10.2. Changes or cancellations must be made within 24 hours after ordering. We cannot accept any requests after this time. After 24 hours we start the shipping process and the artwork will already have been packaged to be shipped to you or have been sent to our framing partner.
If you would like to return your purchase, please make sure it is returned in the original packaging and in perfect condition within 14 days of receipt. We cannot offer refunds on the costs of framing or delivery and we ask that you arrange and pay for the return shipment back to our office.
Upon delivery of the ordered products, the customer is informed in writing of the requirements for exercising the right of withdrawal.
10.4. If the customer cancels the agreement in accordance with this article, the shipping costs need to be paid by the customer. We cannot offer refunds on the costs of framing or delivery and we ask that you arrange and pay for the return shipment back to our office.
10.5. If the customer has chosen to collect the products from Kol Gallery, the customer is entitled to dissolve the agreement when he comes to collect the products.
10.6. Any refunds due will be made using the same payment method that you used when ordering the goods. Refunds for returned items will be made within 14 days of receiving the good.
Article 11. Exchange of a product
11.1. The customer has the option to exchange a delivered artwork for a different size, if in stock, or for a different product.
11.2. The artwork that the customer exchanges must be offered by the global carrier to Kol Gallery unused, unaltered, with its original labels, packaging within 14 days after delivery to the customer. Packages that are not offered within this period will not be accepted by Kol Gallery.
11.3. Changes or cancellations must be made by email to email@example.com within 24 hours after ordering. We cannot accept any requests after this time. After 24 hours we start the shipping process and the artwork will already have been packaged to be shipped to you or have been sent to our framing partner.
11.4. The shipping costs of returning the product to be exchanged and the shipping costs of the new order need to be paid by the customer.
11.5. If the new order is more expensive than the returned products, the customer must pay extra. If the new order is cheaper than the returned products, the overpaid by Kol Gallery will be refunded to the customer within 14 days after receipt of the returned products.
Article 12. Complaints and questions about the order
12.1. In the rare case that the artwork was not accurately described prior to purchase or if it was damaged when shipped by the gallery, please contact us at firstname.lastname@example.org The damaged artwork must be reported to Kol Gallery immediately within 24 hours after delivery. If the customer accepts the package containing the product while the package or product is damaged or shows a defect or if the customer does not report the damage or defect to Kol Gallery in time, Kol Gallery is not liable for that damage or defect.
12.2. The customer can report questions about the order or complaints to:
2518BL Den Haag
12.3. Complaints are handled by Kol Gallery within 30 days. In the unlikely event that it is not possible to deal with a complaint within the period of 30 days, the customer will be informed of the delay period.
Article 13. Liability
13.1. Kol Gallery cannot be obliged to compensate any damage that is a direct or indirect result of an event that is in fact beyond its control and thus cannot be attributed to its actions and / or omissions.
13.2. The colors that can be seen on the customer’s screen may differ from the colors that the product actually has. Kol Gallery is not liable for such color deviations.
13.3. Kol Gallery cannot be held liable for damage suffered by the customer because unauthorized third parties have used the customer’s login codes.
13.4. Kol Gallery is not liable for damage, of whatever nature, because Kol Gallery has based on incorrect and / or incomplete information provided by the customer.
13.5. If Kol Gallery should be liable for any damage, then Kol Gallery’s liability is limited to the invoice amount, at least to that part of the agreement to which the liability relates.
Article 14. Odds
14.1. In the event of force majeure, Kol Gallery is not obliged to pay compensation for the damage caused to the customer as a result, except and insofar as Kol Gallery has had an advantage as a result of the force majeure situation that it would not have had if it had been properly fulfilled.
Article 15. Intellectual property rights
15.1. The customer must fully and unconditionally respect all intellectual property rights that rest on the products delivered by Kol Gallery. After buying the artworks the copyright is not transferred to the purchaser of the edition.
15.2. Without prior written or electronic permission from Kol Gallery, the customer may not copy, forward, distribute, reproduce or publish information, texts, logos, brands, trade names and images obtained through the website.
Article 16. Confidentiality
16.1. Both parties are obliged to maintain the confidentiality of all confidential information that they have obtained from each other or from another source in the context of their agreement. Information is considered confidential if this has been communicated by the other party or if this arises from the nature of the information. The party that receives confidential information will only use it for the purpose for which it was provided.
Article 17. Security and internet
17.1. Kol Gallery will take appropriate security measures to protect the website against the risks of unauthorized access to or alteration, destruction or loss of the data entered by the customer via the website, but Kol Gallery cannot give any guarantee in this respect. .
Article 18. Final provisions
18.1. The version of the general terms and conditions that applied at the time of the conclusion of the agreement is always applicable, unless the customer has accepted the validity of a revised version of the general terms and conditions after the conclusion of the agreement.
18.2. The parties will only appeal to the courts after they have made every effort to settle a dispute in mutual consultation.
18.3. Dutch law applies to every agreement between Kol Gallery and the customer.
18.4. All disputes regarding agreements between the customer and Kol Gallery are submitted to the competent court in the district where Kol Gallery is located. The customer has 1 month after Kol Gallery has invoked this clause in writing against the customer, to choose the competent court according to the law to settle the dispute.