Terms & Conditions
Terms and Conditions STUDIO SANNE TERWEIJ
1. GENERAL PROVISIONS
1.1 The customer/client is the individual who purchases any form of art, commissions the creation of artwork, or enters into an agreement with the artist.
1.2 The artist is the professional who creates and delivers any form of art.
1.3 These delivery terms and conditions apply to the establishment, content, and fulfillment of all agreements concluded between the customer/client and the artist, excluding any purchasing or other conditions of the customer/client.
2. PRICE QUOTATION
2.1 Price quotations are non-binding and valid for 1 month. Price quotations and prices may be subject to changes due to unforeseen changes in the work, increases in material prices and/or wages of third parties involved in the work. The mentioned rates and offers do not automatically apply to future orders.
2.2 Price quotations by the artist are based on the agreements reached between the customer/client and the artist.
3. PURCHASE AND / OR ORDER CONFIRMATION
3.1 Purchases/orders must be mutually confirmed in writing or by email, stating the agreed price, the content of the purchase/order, and the delivery period.
3.2 If the customer/client fails to provide confirmation but still agrees to allow the artist to commence the execution of the order, the content of the quotation will be considered as agreed upon. Any further oral agreements and provisions will only bind the artist if they are confirmed in writing or by email by the artist.
3.3 The customer/client and the artist undertake to keep confidential all confidential information obtained from each other or from other sources in connection with the agreement. Information is considered confidential if it has been indicated as such by the other party or if it arises from the nature of the information.
4.1 The artist must inform the customer/client in advance of the delivery conditions that they have set.
4.2 The artist will make efforts to carefully execute the order and strive for a result acceptable to the client. When necessary, the artist will keep the customer/client informed of the progress of the work.
4.3 A deadline provided by the artist for the completion of the artwork is indicative unless the nature or content of the agreement indicates otherwise. In case of exceeding the given deadline, the customer/client must notify the artist in writing or by email to bring it to their attention.
5. SKETCHES AND DESIGNS
5.1 The designs and sketches are provided to the customer/client solely for the purpose of providing an impression of an artwork to be delivered or executed, accompanied by a written price quotation.
5.2 If the customer/client requests a variation of the initial design or one or more new designs, these additional tasks may be separately invoiced after consultation with the customer/client.
5.3 Unless explicitly agreed otherwise by the parties, copyright(s) and other intellectual property (rights) generated in the course of the commission, including all the designs and sketches, shall vest in artist. Artist has the exclusive right of disclosure and exploitation.
6. EXECUTION BY THIRD PARTIES
6.1 The artist has the right, to the extent necessary for the proper execution of the agreement, to have the order partially carried out by third parties.
6.2 The artist is responsible for the artistic result of the entire artwork. Third parties entrusted by the artist with the execution of parts or the entirety of an artwork are responsible to the artist for the technical result. The artist determines the choice of the executor(s) unless otherwise agreed in advance.
7.1 The artist shall deliver the artwork at the agreed-upon time as stated in his order confirmation, with a grace period of two weeks. If unforeseen circumstances require a deviation from this, the artist shall promptly notify the customer/client in writing or by email.
7.2 The customer/client shall accept and evaluate the commissioned artwork as soon as possible upon completion for approval.
7.3 The delivery period agreed upon with the artist shall not be considered a strict deadline by the customer/client unless expressly agreed upon otherwise in writing or by email.
8.1 The customer/client shall make payments within fourteen days from the date of the invoice, which corresponds to the agreement sent to him by the artist. Objections to the amount on the invoices shall not suspend the payment obligation.
8.2 All deposits paid are non refundable
8.3 In case of exceeding the payment deadline, the customer/client shall be liable to pay the legally established interest until the moment the full amount is settled. If the payment deadline is exceeded, the artist may suspend his work until the customer /client has paid the outstanding amount, including interest. Payments are considered to be made when the artist has received the full amount.
8.4 Any additional costs arising from the collection of the amount owed by the customer/client, which is not paid in a timely manner, shall be borne by the customer/client.
8.5 If no written objection to the invoiced amount is made by the customer/client within eight days after receiving the invoice from the artist, he shall be deemed to have accepted and approved the invoice.
9. ADDITIONAL COSTS
9.1 For a commissioned and delivered artwork, the customer/client shall bear, if applicable, the research and preparation work, auxiliary materials, production resources, interim products, packaging, transportation(s), transport risks, travel and accommodation expenses, insurance, and VAT, unless otherwise agreed upon.
9.2 Changes to the order by the customer/client that could not have been foreseen by the artist and result in additional work shall be paid by the customer/client according to the agreed-upon rate in the contract. Furthermore, additional work shall be considered if the artist has to reorganize his planned activities due to incorrect or incomplete information provided by the customer/client. The artist shall charge the costs for additional work based on actual costs incurred, which will be invoiced to the customer/client.
9.3 All tools/materials, production resources, and interim products are part of the artist's studio inventory and remain his property, even if they are provided to the customer/client on account. The artist is not obliged to keep them unless otherwise agreed upon in advance.
9.4 If the purchase/order for delivery includes a sample in the chosen material, a model, or a maquette of the design to be delivered by the artist, these additional work activities shall be considered extra costs borne by the customer /client.
10.1 If the customer has a complaint despite the above, these complaints must be sent in writing and with motivation to the artist within seven days after receiving the delivered artwork.
10.2 After the period of seven days following the completion of the commission, the client is deemed to have fully accepted the outcome of the commission. Any complaint thereafter will not be considered as such by the artist. In exceptional cases where an extension of this period is required by the customer /client, the artist may reasonably allow an additional period of seven days.
10.3 The customer/client must base their complaint on the information provided in the order confirmation. The customer/client shall not reject an artwork without inviting the artist to orally explain their artwork.
11.1 A dispute between the customer/client and the artist arises as soon as one of the parties declares it to be the case.
11.2 A dispute between the customer/client and the artist, their heirs, or rightful owners can be submitted to an arbitration committee consisting of at least three knowledgeable individuals who can settle the dispute by providing a binding advice for both parties. The composition of the arbitration committee may vary but will always include an artist, a gallery owner, and a legal professional. The committee will provide its advice within 30 days after the proceedings.
11.3 In the event that arbitration is not desired or does not yield the desired result, the ordinary civil court will decide.
12.1 If a purchase/commission agreement is canceled by the customer/client while the artist has already progressed to an advanced stage with preparations, execution work, and/or commitments with third parties, the customer/client shall be obliged to pay the entire sum of all costs involved in the creation of the artwork to the artist.
12.2 If the circumstances under which the purchase/commission agreement was concluded change in such a way that the artist no longer sees the artistic or material possibilities to execute the originally intended commission properly, the artist is entitled to terminate that agreement, while retaining the right to a new commission agreement according to the changed circumstances.
12.3 If the artist is unable to fulfill his obligations according to the purchase/commission agreement due to force majeure, these obligations shall be postponed until the force majeure situation has ended. If the artist is still unable to fulfill his obligations after three months and the delivery of the work does not allow for further extension, the customer /client is entitled to terminate the agreement, being obliged to pay for the work performed by the artist up until that point, including the associated costs.
12.4 In the event of a situation of deferred payment or bankruptcy of the customer/client, the artist is entitled to terminate the agreement immediately and by registered mail, enclosing the invoice for the costs incurred up until that point and for the work performed.
13. DISCLAIMER OF WARRANTY, GUARANTEES AND INDEMNITIES
13.1 All artworks are unique, hand-cut, and handcrafted in the studio in Zaandam, the Netherlands. Since the artworks are made of (hundreds of pieces of) different metals in which the oxidation process and transition has been started and accelerated, they should be considered as somewhat "living" artworks. As a result, some changes or modifications may occur over time. This is part of the "living" nature of the artwork. Therefore, the artworks are delivered "as is," and we provide no explicit or implied warranty regarding the condition of such artworks or their merchantability or fitness for a particular purpose.
13.2 The artist guarantees that the artwork was conceived, designed, and created by him and that he is considered the creator within the meaning of the Copyright Act and is able to dispose of the work as the copyright holder.
13.3 The artist is entitled to sign his work and provide it with a title and/or code.
13.4 The client indemnifies the artist or any persons engaged by the artist for the commission against any claims by third parties arising from the use or application of the result of the commission.
13.5 The client indemnifies the artist against claims regarding intellectual property rights on materials or data provided by the client, which are used in the execution of the commission.
14.1 The artist is not liable for any damages of any kind arising from the artist's reliance on incorrect and/or incomplete information provided by or on behalf of the client.
14.2 The liability of the artist is, in any case, limited to the events and the amount covered by their insurer.
14.3 The artist is solely liable for direct damages. Direct damages are exclusively defined as reasonable costs incurred to determine the cause and extent of the damage, to the extent that the determination relates to damages within the meaning of these terms and conditions. This includes any reasonable costs incurred to rectify the artist's defective performance in accordance with the agreement, to the extent that such costs can be attributed to the artist, as well as reasonable costs incurred to prevent or limit damage, provided that the client demonstrates that these costs have led to the limitation of direct damages as referred to in these general terms and conditions.
14.4 The artist is never liable for indirect damages, including consequential damages, loss of profits, savings, and damages due to business interruption.
15. OTHER PROVISIONS:
15.1 The client is not permitted to transfer any rights from an agreement concluded with the artist to third parties.
15.2 The parties are obligated to treat as confidential any facts and circumstances that come to the knowledge of the other party in the context of the assignment. Third parties involved in the execution of the assignment will also be bound to the same confidential treatment with regard to these facts and circumstances originating from the other party.
15.3 The agreement between the artist and the client is governed by Dutch law. The competent court to adjudicate disputes between the artist and the client is the court within the district where the artist is located or the court authorized by law, at the artist's choice.
15.4 The tangible ownership of the artwork does not grant the owner the right to reproduce, reproduce, or exploit it in any other way. Pursuant to the Copyright Act 1912, this right is exclusively reserved for the artist unless otherwise agreed with the artist in advance.