Terms & Conditions

Unfortunately, we can’t do without some small print. After all, we are dealing with sophisticated and sensitive works of art.

We would start by pointing out that photographs 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 photographs, laminations or frames, 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. Photographs, laminations and frames are therefore not suitable for external areas and bathrooms. 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.

The contractual partner and user of these Terms & Conditions is:

LiquesArt
Loyolalaan 46
5263AV Vught
The Netherlands

info@liquesart.nl
CoC: 81763069
VAT: NL158404348B02

Our terms and conditions have been drafted to regulate the business relationship between you and us and are intended to be both binding and fair. The basis for any order or contract will therefore always be the following General Terms and Conditions of LiquesArt Photography, and you acknowledge and confirm you are aware of them and agree to their application when you place an order with us. You can read the terms and conditions right here.

Article 1: Scope & Terms

The following General Terms and Conditions in their most current version at the time of order shall exclusively govern the business relationship between LiquesArt and the customer. LiquesArt shall not recognize any differing terms set out by the customer unless such conditions have been expressly agreed to by LiquesArt in writing.

In these Terms and Conditions, the following terms shall have the following meanings:

Additional agreement: an agreement in which the Consumer acquires products delivered by LiquesArt;

Reflection period: the period during which the Consumer may use his right of withdrawal.

Consumer: the natural person who does not act for purposes related to his/her commercial, trade, craft or professional activities.

Day: calendar day.

Digital content: data produced and delivered in digital form.

Continuing performance contract: a contract serving to deliver goods, services and/or digital content in a given period.

Sustainable data carrier: any means, including email, that allow the Consumer or LiquesArt to store information directed to him/her personally in such a manner that makes future consultation and use possible during a period that matches the purpose for which the information is destined, and which makes unaltered reproduction of the stored information possible.

Right of withdrawal: The Consumer’s option not to proceed with the distance agreement within the cooling-off period.

LiquesArt: the natural of legal person who provides products to Consumers.

Distance contract: a contract concluded by LiquesArt and the Consumer within the scope of an organized system for distance selling products, digital content and/or services, whereby exclusive or additional use is made of one or more technologies of distance communication up to the conclusion of the contract.

Standard form for withdrawal: the European standard form for withdrawal included in Appendix 1.

Technology for distance communication: a means to be used for concluding an agreement without the Consumer and LiquesArt being together in the same place at the same time.

Article 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 basket” button is summarized 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 “Buy now”, you send your order details and make a binding declaration to LiquesArt 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 text of your order is saved by us and upon request can be sent to you after completion of your order. For your own protection, LiquesArt recommends printing out the order details and the General Terms and Conditions applicable at the time of order. The contractual language is English.

Please note that we sell all products in small quantities only.

Article 3: Right of withdrawal

In case of products:

The Consumer can repudiate a purchase contract for a product without giving reasons for a period of reflection of at least 14 days. LiquesArt may ask the Consumer about the reason for the withdrawal but cannot force him to state his reason(s).

The reflection period referred to in sub-clause 1 starts on the day the product is received by the Consumer or by a third party appointed by him in advance and who is not the carrier, or

if the Consumer ordered several products in the same order: the day on which the Consumer or a third party appointed by him received the last product. LiquesArt may refuse an order of several products with different delivery dates provided that he clearly informs the Consumer prior to the order process.

in case the delivery of a product consists of several batches or parts: the day on which the Consumer or a third party appointed by him received the last batch or the last part.

in case of an agreement about regular delivery of products during a given period: the day on which the Consumer or a third party appointed by him received the first product.

If LiquesArt has not provided the Consumer with the legally required information about the right of withdrawal or has not provided the standard form for withdrawal, the reflection period expires twelve months after the end of the original reflection period in accordance with the reflection period determined in the previous sub-clauses of this Article.

If LiquesArt provided the Consumer with the information referred to in the previous article within twelve months after the starting day of the original period of reflection, the period of reflection expires 14 day after the day on which the Consumer received the information.

Article 4: Consumer’s obligations during the time of reflection

During this period, the Consumer shall handle the product and the packaging with care. The Consumer shall only unpack or use the product to the extent necessary for establishing the nature, the characteristics and the effect of the product. The guiding principle is that the Consumer may only handle and inspect the product in the manner in which one is allowed to handle a product in a shop.

The Consumer is only liable for the decrease in value of the product that is caused by the way of handling the product which went further than allowed in sub-section article 1.

The Consumer is not liable for the decrease in value of the product if LiquesArt has not provided him with all legal information about the right of withdrawal before concluding the Agreement.

Article 5: Exercising the Consumer’s right of withdrawal and the costs

If the Consumer exercises his right of withdrawal, he shall notify LiquesArt unambiguously with the standard form for withdrawal within the period of reflection.

The Consumer shall return the product or deliver it to (the authorized representative of) LiquesArt as soon as possible but within 14 days counting from the day following the notification referred to in sub-clause 1. This need not be done if LiquesArt offered to collect the product himself. The Consumer observed the period of returning the product in any event if the product is returned before the expiration of the period of reflection.

The Consumer shall return the product with all delivered accessories and if reasonably possible in the original state and packing and in conformity with reasonable and clear instructions given by LiquesArt.

The risk and the burden of proof for the correct and timely exercise of the right of withdrawal fall on the Consumer.

The Consumer shall bear the direct costs of returning the product. If LiquesArt has not reported that the Consumer has to bear these costs or if LiquesArt pointed out that he will bear the costs himself, the Consumer need not pay the cost of returning the product.

If the Consumer withdraws after having first explicitly requested that the performance of a service or the supply of gas, water or electricity having not been made ready for sale not be started in a limited volume or given quantity during the period of reflection, the Consumer shall pay LiquesArt an amount that is equal to the part of the obligation already performed at the time of withdrawal as compared with the full compliance of the obligation.

The Consumer does not bear the costs for performing services for the supply of water, gas or electricity that had not been made ready for sale in a limited volume or quantity, or for the supply of district heating if

LiquesArt has not provided the Consumer with the statutorily required information about the right of withdrawal, the compensation of costs in case of withdrawal or the standard form for withdrawal, or

if the Consumer has not explicitly requested that the performance of the service or the supply of gas, water and electricity or district heating be started during the period of reflection.

The Consumer does not bear any cost for the full or partial delivery of digital content not stored on a physical carrier if

prior to the delivery, he has not explicitly consented to start performance of the agreement before the end of the period of reflection.

he did not acknowledge to lose his right of withdrawal when giving consent; or

LiquesArt failed to confirm the Consumer’s statement.

If the Consumer exercises his right of withdrawal, all additional agreements end by operation of law.

Article 6: LiquesArt’s obligations in case of withdrawal

If LiquesArt makes the notification of withdrawal by electronic means possible, he shall promptly send a return receipt.

LiquesArt will reimburse all payments made by the Consumer, including any delivery costs that the Consumer may charge for the returned product, as soon as possible but within 14 days following the day on which the Consumer notified him of the withdrawal. Unless LiquesArt offers to collect the product himself, he can wait with paying back until having received the product or until the Consumer proved that he returned the product, whichever occurs first.

LiquesArt will make use of the same means of payment that the Consumer used, unless the Consumer consents to another method. The reimbursement is free of charge for the Consumer.

If the Consumer opted for a more expensive method of delivery instead of the cheapest standard delivery, LiquesArt need not reimburse the additional costs for the more expensive method.

Article 7: Exclusion of the right of withdrawal

LiquesArt can exclude the following products and services from the right of withdrawal but only if LiquesArt notified this clearly when making the offer or at any rate in good time before concluding the agreement:

Products or services with a price that is subject to fluctuations in the financial market on which LiquesArt has no influence and which may occur within the period of withdrawal.

Agreements that are concluded during a public auction. A public auction is defined as a selling method whereby LiquesArt offers products, digital content and/or services to the Consumer who is personally present or has the possibility to be personally present at the auction under the direction of an auctioneer and whereby the successful bidder is obliged to purchase the products, the digital content and/or the services. Services agreements, after full performance of the service, but only if:

1. the performance started with the Consumer’s explicit prior consent; and
2. the Consumer stated that he will lose his right of withdrawal as soon as LiquesArt has fully performed the agreement.

Services agreements for making accommodation available when a certain period of implementation is provided and other than for residential purposes, goods transports, car rental services and catering.

Agreements related to leisure activities when a certain date or period of performance is arranged in the agreement.

Products manufactured in accordance with the Consumer’s specifications which are not prefabricated, and which are produced on the basis of a Consumer’s individual choice or decision or which are intended for a specific person.

Perishable products or products with a limited durability.

Products which for their nature are irreversibly mixed with other products.

The delivery of digital content other than on a physical carrier, but only if:

1. the performance was started with the Consumer’s explicit prior consent.
2. the Consumer stated that he will lose his right of withdrawal by doing so.

Article 5: Edition 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.

Article 6: Prices, due date and payment, default

The prices stated in the online shop are final prices including sales taxes. Shipping costs are not included in the price and are added to it in each case.

The purchase price is paid via credit card. Please note that direct debit is only possible with a Dutch bank account. You can pay via PayPal or credit card (Visa, Mastercard, American Express).

Should the account of the consumer lack sufficient funds, or the ordered countermand the bank debit without just reason, LiquesArt shall have the right to demand an administration fee of € 7,50 from the consumer.

Article 7: Shipping costs

When ordering online, please select the country of the desired shipping destination; the correct shipping costs will then be shown. Orders with items of a different sizes will be shipped at the rate of the largest picture in the order. If, for logistics reasons, LiquesArt splits the order across multiple shipments, you shall not incur additional costs for this.

Article 8: Offsetting, retention

You only have the right to offset if your counterclaims are legally upheld or are acknowledged by LiquesArt. You also have the right to offset if you complain of defects or assert counterclaims under the same purchase contract. In addition, you are only authorized to exercise the right of retention to the extent that your counterclaim is based on the same contractual relationship.

Article 9: Retention of title

Until full and final payment, the delivered goods shall remain the property of LiquesArt.

Article 10: Liability

Within the scope of statutory provisions, LiquesArt is liable for damages without restriction.

(a) relating to loss of life, physical injury or damage to health which is due to willful or negligent breach of duty or is otherwise due to willful or negligent conduct by LiquesArt or one of its legal representatives or vicarious agents.

(b) which is due to willful or negligent breach of duty or is otherwise due to willful or grossly negligent conduct by the provider or one of its legal representatives or vicarious agents.

The liability of LiquesArt shall be limited to compensation for foreseeable loss or damage typical for the contract caused due to slightly negligent breaches of material duties by LiquesArt or one of its legal representatives or vicarious agents. Material duties are duties whose fulfillment is a prerequisite for proper implementation of the contract and whose observance the consumer may rely on.

The above provisions shall apply accordingly to the liability of LiquesArt in respect of reimbursing futile costs.

Liability under the Product Liability Act shall remain unaffected.

Article 11: Warranty

Unless expressly agreed otherwise, statutory warranty rights shall apply. The statutory warranty period of two years shall apply. This shall start upon handover of the goods. During this period, all defects subject to statutory warranty obligations shall be corrected free of charge. 

Article 12: No granting of rights

By buying a photographic print, 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 authorized by law. However, you can resell the print.

Article 13: Collecting, processing and using personal data

All provisions regarding the protection of your data can be found at the LiquesArt privacy policy.

Article 14: Complaints procedure

1. LiquesArt will have a sufficiently notified complaints procedure in place and will handle the complaint in accordance with this complaint procedure.
2. Complaints about the performance of the contract shall be submitted fully and clearly described to LiquesArt within a reasonable time after the Consumer discovered the defects
3. The complaints submitted to LiquesArt will be replied within a period of 14 days after the date of receipt. Should a complaint require a foreseeable longer time for handling, LiquesArt will respond within 14 days with a notice of receipt and an indication when the Consumer can expect a more detailed reply.
4. If the complaint cannot be solved in joint consultation within a reasonable time or within 3 months after submitting the complaint, there will be a dispute that is open to the dispute settlement rules.

Article 15: Disputes

1. Contracts between LiquesArt and the Consumer to which these General Terms and Conditions apply, are exclusively governed by Dutch law.
2. With due observance of the provisions set out below, the disputes between the Consumer and LiquesArt about the formation or the performance of contracts related to products or services that LiquesArt must deliver or has already delivered can be submitted by both the Consumer and LiquesArt to Geschillencommissie Webshop, Postbus 90600, 2509 LP, The Hague (Den Haag) (www.sgc.nl).
3. A dispute is handled by the Disputes Committee [Geschillencommissie] only if the Consumer submitted his/her complaint to LiquesArt within a reasonable period.
4. The dispute must have been submitted in writing to the Geschillencommissie Webshop within three months after arising of the dispute.
5. If the Consumer wishes to submit a dispute to the Geschillencommissie, LiquesArt is bound by this choice. When LiquesArt wishes to file the dispute to the Geschillencommissie, the Consumer must speak out in writing within five weeks after a written request made by LiquesArt whether he so desires or wants the dispute to be dealt with by the competent court. If LiquesArt has not heard of the Consumer’s option within the period of five weeks, LiquesArt is entitled to submit the dispute to the competent court.
6. The Geschillencommissie’s decision will be made under the conditions as set out in the rules of the Arbitration Commission (http://www.degeschillencommissie.nl/over-onss/decommissies/2701/webshop). A decision made by the Geschillencommissie is a binding advice.
7. If in addition to the Geschillencommissie Webshop another disputes committee recognized by or affiliated with the Stichting Geschillencommissies voor Consumentenzaken (SGC) [Foundation for Consumer Complaints Committees] or the Klachteninstituut Financiële Dienstverlening (Kifid) [Financial Services Complaints Board] is competent, the disputes that are mainly related to sales methods or distance services, the Geschillencommissie Webshop Keurmerk is preferably competent, and for all other disputes, the disputes committee recognized by and affiliated with the SGC or Kifid is competent.

Last update: 16.02.2021