KUNSTENAAR EN PORTRETSCHILDER
General terms and conditions
For more information including T&C, copyright, privacy statement and contact on the website, please follow the links below:
Terms and Conditions
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Introduction
These are the general terms and conditions. These General Terms and Conditions always apply when you use this Website or place an order via this Website and they contain important information for you as a buyer. Please read them carefully. I also recommend that you save or print these general terms and conditions so that you can consult them at a later time.
Article 1. Definitions
1.1. I: The artist, established in The Hague, trading under the name Marleen Suzanne Art.
1.2. Website: The website managed under the name www.marleensuzanne.com and all its sub-domains.
1.3. Customer: The natural person or company that enters into an agreement with me and/or is registered on the Website.
1.4. Agreement: Any arrangement or agreement between me and the customer of which the General Terms and Conditions form an integral part.
1.5. General Terms and Conditions: These general terms and conditions.
Article 2. Applicability of the General Terms and Conditions
2.1. The General Terms and Conditions apply to all offers, agreements and deliveries of Marleen Suzanne Art, unless expressly agreed otherwise in writing.
2.2. If an order, confirmation or any other message stating that the General Terms and Conditions have been accepted contains provisions that deviate from or are not included in the General Terms and Conditions, these provisions will only bind Marleen Suzanne Art if and to the extent that Marleen Suzanne Art has accepted them in writing.
2.3. In cases where, in addition to these general terms and conditions, specific product or service related terms and conditions also apply, you can always invoke the applicable term and condition that is most favourable to you in the event of incompatible terms and conditions.
Article 3. Prices and information
3.1. All prices stated on the Website and in other materials of Marleen Suzanne Art are inclusive of taxes and other levies imposed by the government, unless stated otherwise on the website.
3.2. If shipping costs are charged, these will be clearly stated in good time before the conclusion of the agreement. These costs are also shown separately in the ordering process.
3.3. The content of the Website has been compiled with the utmost care. However, Marleen Suzanne Art cannot guarantee that all information on the Website is correct and complete at all times. All prices and other information stated on the Website and in other materials from Marleen Suzanne Art are subject to obvious programming and typing errors.
3.4. Marleen Suzanne Art cannot be held responsible for color deviations resulting from the quality of the colors displayed on the screen.
Article 4. Formation of the Agreement
4.1. The Agreement is concluded at the moment that you accept the offer from Marleen Suzanne Art under the conditions set by Marleen Suzanne Art.
4.2. If you have accepted the offer electronically, Marleen Suzanne Art will immediately confirm receipt of acceptance of the offer electronically. As long as receipt of acceptance has not been confirmed, you have the option to terminate the Agreement.
4.3. If it appears that you have provided incorrect information when accepting or otherwise entering into the Agreement, Marleen Suzanne Art has the right to suspend the Agreement until the correct information has been received.
Article 5. Execution of the Agreement
5.1. As soon as Marleen Suzanne Art has received the order, she will send the products to you without delay and in compliance with the provisions of paragraph 3 of this article.
5.2. Marleen Suzanne Art is authorized to engage third parties to fulfill its obligations under the Agreement.
5.3. The delivery period is in principle 14 days. Delivery can take place in different ways, at the choice of Marleen Suzanne Art.
5.4. If Marleen Suzanne Art cannot deliver the products within the agreed term, she will inform you of this. In that case, you can decide to either agree on a new delivery date or terminate the Agreement without costs.
5.5. Marleen Suzanne Art advises you to inspect the products upon delivery and to report any defects within a reasonable time, preferably in writing or by e-mail. For more details, see the article on warranty and conformity.
5.6. The risks associated with the products pass to you as soon as the products have been delivered to the agreed delivery address.
5.7. If the ordered product is no longer available, Marleen Suzanne Art is entitled to deliver a product that is comparable in nature and quality to the ordered product. In that case, you have the right to terminate the Agreement without costs and to return the product free of charge.
Article 6. Right of withdrawal/return
6.1. This article only applies if you are a natural person who is not acting in your professional or commercial capacity, and does not apply to commissioned work. Business customers and customers who have ordered commissioned work therefore have no right of withdrawal.
6.2. You have the right to cancel the Distance Contract with Marleen Suzanne Art within 14 days after receipt of the product, free of charge and without giving any reason.
6.3. The term commences on the day after receipt of the product by you, or a third party designated by you, who is not the carrier.
6.4. Only the direct costs incurred for the return shipment are for your account. This means that you must pay the costs of returning the product. Any shipping costs paid by you and the purchase price of the product will be refunded to you upon return of the entire order.
6.5. During the cooling-off period, you must handle the product and its packaging with care. You may not open the packaging or use the product unless this is necessary to determine its nature, characteristics and functioning.
6.6. You are only liable for any diminished value of the product resulting from handling the product other than as permitted.
6.7. You can cancel the agreement by reporting the cancellation (digitally or in another form) within the cooling-off period by means of the model form for right of cancellation or in another unambiguous manner to Marleen Suzanne Art. If Marleen Suzanne Art makes it possible for you to report your cancellation electronically/digitally, Marleen Suzanne Art will immediately send a confirmation of receipt after receiving such a statement.
6.8. As soon as possible, but no later than 14 days after the day of notification as referred to in paragraph 1, you return the product or hand it over to (an authorized representative of) Marleen Suzanne Art. The return address is stated on your order confirmation.
6.9. Any amounts already paid (in advance) by you will be refunded to you as soon as possible, but no later than 14 days after termination of the Agreement. If you choose a more expensive method of delivery instead of the cheapest standard delivery, Marleen Suzanne Art does not have to refund the additional costs of the more expensive method.
6.10. Information on whether or not a right of withdrawal is applied and any required procedure will be clearly placed on the Website well in advance of the conclusion of the Agreement.
Article 7. Payment
7.1. You will pay the amounts owed to Marleen Suzanne Art according to the order procedure and any payment methods indicated on the Website. Marleen Suzanne Art is free to offer any payment method of its choice and can change this at any time. In case of payment after delivery, you will receive a payment term of 14 days that starts on the day after delivery.
7.2. If you fail to meet your payment obligation, you will owe statutory interest on the late payment. Marleen Suzanne Art must remind you of the late payment and give you a period of 14 days to meet the payment obligation. After this period has expired, Marleen Suzanne Art is entitled to recover any extrajudicial collection costs from you.
Article 8. Warranty and conformity
8.1. This article only applies if you are a natural person who is not acting in your professional or commercial capacity. If Marleen Suzanne Art provides a separate guarantee on the products, this applies without prejudice to the above for all types of customers.
8.2. Marleen Suzanne Art guarantees that the products comply with the Agreement, the specifications stated in the offer, and the reasonable requirements of soundness and/or usability and the existing legal provisions and/or government regulations that are in force from the date of entry into the Agreement. If specifically agreed, Marleen Suzanne Art also guarantees that the product is suitable for other than normal use.
8.3. If the delivered product does not comply with the Agreement, you must inform Marleen Suzanne Art of this within a reasonable time.
8.4. If Marleen Suzanne Art considers the complaint to be justified, the defective product will be repaired, replaced or refunded in consultation with you. The maximum amount of compensation is equal to the price you paid for the product.
Article 9. Complaints handling procedure
9.1. If you have complaints regarding a product and/or other aspects of the services provided by Marleen Suzanne Art, you can file a complaint by telephone, e-mail or post. See the contact details at the bottom of the General Terms and Conditions.
9.2. Marleen Suzanne Art will respond to the complaint as soon as possible, but in any case within 7 days of receipt. If it is not yet possible for Marleen Suzanne Art to formulate a substantive response by that time, Marleen Suzanne Art will confirm receipt of the complaint within 7 days of receipt and give an indication of the period within which she expects to respond.
Article 10. Personal data
10.1. Marleen Suzanne Art will process your personal data in accordance with the privacy statement, below.
Article 11. Final provisions
11.1. This agreement is governed by the law of the country in which the webshop is established.
11.2. Unless otherwise prescribed by mandatory law, all disputes that may arise in connection with the Agreement will be submitted to the competent Dutch court in the district where Marleen Suzanne Art is established.
11.3. If any provision of these General Terms and Conditions should prove to be null and void, this will not affect the validity of the General Terms and Conditions as a whole. In that case, the parties will establish one or more new provisions as a replacement that will reflect the original provision as much as possible.
11.4. In these General Terms and Conditions, 'written' also includes communication by e-mail, provided that the identity of the sender and the integrity of the message are sufficiently established.
Copyright Notice
1.1. Your use of the website and its content does not grant you any rights in relation to the copyrights, design rights and neighbouring rights in relation to the website. All images of artwork are my property. All rights reserved.
1.2. You may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way any content, services, web pages or materials on the Website other than for your own personal use.
1.3. Any use other than that permitted under this clause may only be made with my prior written consent.
Privacy Statement
When processing personal data, I comply with the requirements of applicable data protection legislation, such as the General Data Protection Regulation. This means that I:
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Clearly specify my purposes before processing personal data, by using this privacy statement;
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Limit the collection of personal data to only the personal data needed for legitimate purposes;
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First ask for explicit permission to process your personal data in cases where your permission is required;
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Take appropriate security measures to protect your personal data;
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I respect your right to access, correct or delete your personal data stored by me.
1. Processing your order
I will use your personal information to process your order. I may share your information with the delivery service to have your order delivered. I may also obtain information about your payment from your bank or credit card company.
For this I use your name and address details, telephone number, invoice address, email address and payment details. I need this information because of my agreement with you. I store this information for up to two years after your order has been completed. Certain types of personal data are stored for longer in connection with the statutory fiscal retention obligation.
2. Sending newsletters
I have a newsletter to inform interested parties about news, tips and information about my products and services. Your email address will only be added to the list of subscribers with your permission.
For this I use your email address. I do this based on your permission. I store this information for up to a month after you have cancelled your subscription.
You can unsubscribe from my newsletter at any time. Each newsletter contains a link to unsubscribe.
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3. Contact form
You can use the contact form below to ask questions or submit a request.
For this I use your email address. I need this information because of my agreement with you. I store this information until I am sure that you are satisfied with my response.
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4. Promotion
In addition to the advertisements on the website, I can inform you about new products or services:
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By email
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Through social media
You can object to this promotional communication at any time. Each email contains an unsubscribe link. On social media you can block me or use the unsubscribe option.
5. Location data
If necessary, I may collect your location data (GPS). If so, you will be asked for permission in advance.
6. Providing data to third parties
With the exception of the parties that are necessary to provide the above-mentioned services, I will never provide your personal data to other companies or organizations, unless I am legally obliged to do so.
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7. Statistics
I keep statistics about the use of my webshop.
8. Cookies
My webshop uses cookies. Cookies are small files in which I can store information, so that you do not have to fill in that information again. I can also use them to see if you come back to me.
The first time you visit my webshop, I will show you a notification explaining my cookies and ask your permission to use these cookies.
You can disable the use of cookies via your browser settings, but some parts of my website may not work properly as a result.
9. Google Analytics
I use Google Analytics to track visitors to my website and to get reports on how visitors use the website. I have accepted Google's data processing agreement.
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10. Security
I take security measures to reduce abuse of and unauthorized access to personal data. I renew my security measures to ensure safe storage of personal data.
11. Access and change your data
You have the following rights:
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Right of access: you have the right to see which personal data I have processed about you;
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Right to rectification: you have the right to correct any personal data that I have processed about you if this data is (partially) incorrect;
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Right to be forgotten: you can submit a request to me to delete the personal data that I have processed about you;
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Right to data portability: if technically possible, you have the right to ask me to transfer your processed personal data to a third party;
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Right to restriction of processing: you can submit a request to me to (temporarily) restrict the processing of your personal data.
If you exercise one of the rights mentioned above, I may ask you to identify yourself with a valid ID. I will usually respond to your request within one month. This period may be extended if it appears that the request is complex.
12. Complaints
If you wish to make a complaint about my use of personal data, please send a message with the details of your complaint via the contact form. I will investigate and respond to every complaint I receive.
If you think I am not helping you in the right way, you have the right to file a complaint with the authority. For the Netherlands this is the Dutch Data Protection Authority.
Contact
If you have any questions, complaints or comments after reading these Terms and Conditions, please contact me using the form below.
