Shipping policy

Definitions
Artrior: Artrior V.O.F., established in Hardixveld-Giessendam under Chamber of Commerce no. .
Customer: the person with whom Artrior has entered into an agreement.
Parties: Artrior and the customer together.
Consumer: a customer who is also an individual acting as a private person.

Applicability of terms of delivery
These terms of delivery apply to all work, orders, agreements and deliveries of services or products by or on behalf of Artrior.
The parties may deviate from these terms of delivery only if they have expressly agreed to do so in writing.
The parties explicitly exclude the applicability of additional and/or deviating general and/or delivery terms and conditions of the client or third parties.

Consequences of late payment
(if invoicing is applied) normally the customer will pay for the products in advance via the webshop.

If the customer does not pay within the agreed period, Artrior is entitled to charge the statutory interest of 2% per month for non-commercial transactions from the day the customer is in default, whereby part of a month is counted as a whole month.
If the customer is in default, he will also owe Artrior extrajudicial collection costs and any damages.
The collection costs will be calculated according to the Decree on compensation for extrajudicial collection costs.
If the customer fails to pay on time, Artrior may suspend its obligations until the customer has fulfilled his payment obligation.
In case of liquidation, bankruptcy, attachment or suspension of payment on the part of the customer, Artrior's claims on the customer are immediately due and payable.
If the customer refuses to cooperate with Artrior's performance of the agreement, the customer is still obliged to pay Artrior the full agreed price.

Right of claim
Once the customer is in default, Artrior is entitled to invoke the right of complaint with respect to the unpaid products delivered to the customer.
Artrior invokes the right of claim by means of a written or electronic communication.
Once the customer has been notified of the invoked right of complaint, the customer must immediately return the products to which this right relates to Artrior, unless the parties make other arrangements in this regard.
The costs of retrieving or bringing back the products will be borne by the customer
Right of withdrawal
A consumer may dissolve an online purchase during a 14-day cooling-off period without giving any reason provided that:
the product has not been used

it is not a product that spoils quickly, such as food or flowers

it is not a product that has been customized or adapted especially for the consumer

it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.)

the seal of the delivered item is still intact, if it is a data carrier with digital content (DVDs, CDs, etc.)

the product is not a travel, transport ticket, catering order or form of leisure activity

the product is not an individual magazine or newspaper

it does not concern an (order for) emergency repair

the consumer has not waived his right of withdrawal.

 


The withdrawal period of 14 days as mentioned in paragraph 1 starts
on the day after the consumer has received the last product or part of 1 order

as soon as the consumer has purchased a service for the first time

as soon as the consumer has confirmed that he will purchase digital content via the Internet.


The consumer can make his appeal to the right of withdrawal known via info@artrior.com, if desired using the withdrawal form that can be downloaded from Artrior's website, https://artrior.com.
The consumer is obliged to return the product to Artrior within 14 days after having expressed his right of withdrawal, failing which his right of withdrawal lapses.

Reimbursement of delivery costs
If the consumer has timely exercised his right of withdrawal and as a result has timely returned the complete order to Artrior, Artrior will refund any delivery costs paid by the consumer within 14 days after receipt of the timely and complete returned order to the consumer.
The cost of delivery shall be borne by Artrior only to the extent that the entire order is returned.

 

Reimbursement of return costs
If the consumer invokes his right of withdrawal and returns the entire order in a timely manner, the cost of returning the entire order will be borne by the consumer, unless the consumer returns an entire order with a minimum value of € (excluding shipping costs).

Right to suspend
Unless the customer is a consumer, the customer waives the right to suspend performance of any obligation arising from this agreement.

Right of retention
Artrior may invoke its right of retention and in that case hold products of the customer until the
customer has paid all outstanding bills against Artrior, unless the customer has provided sufficient security for those costs.

The lien also applies pursuant to prior agreements from which the customer still owes payments to Artrior.
Artrior is never liable for any damages that the customer may suffer as a result of exercising its lien.
Settlement
Unless the customer is a consumer, the customer waives its right to set off any debt owed to Artrior against any claim against Artrior.

Retention of title
Artrior retains title to all products delivered until the customer has fully satisfied all of its payment obligations to Artrior, including claims for failure to perform the agreement.
Until then, Artrior may invoke its retention of title at any time and repossess the goods.
Before ownership has passed to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
If Artrior invokes its retention of title, the agreement will be deemed dissolved and Artrior will be entitled to claim damages, lost profits and interest.


Delivery
Delivery takes place while supplies last.
Delivery takes place at Artrior, unless the parties have agreed otherwise.
Delivery of products ordered online takes place at the address indicated by the customer.
If the agreed amounts are not paid or not paid on time, Artrior has the right to suspend its obligations until the agreed part is still paid.
Late payment constitutes creditor default, with the result that the customer cannot hold a delayed delivery against Artrior.
Delivery time
The delivery times specified by Artrior are indicative and, if exceeded, do not entitle the customer to rescission or compensation, unless the parties have expressly agreed otherwise in writing.
The delivery time commences when the customer has fully completed the (electronic) ordering process and has received an (electronic) confirmation thereof from Artrior.
Exceeding the specified delivery time does not give the customer the right to compensation for damages nor the right to dissolve the agreement, unless Artrior is unable to deliver within 14 days after being reminded in writing or the parties have agreed otherwise in this regard.
Actual delivery
The customer must ensure that the actual delivery of the products ordered by him can take place in a timely manner.

Delivery and transfer of risk
The risk of loss, damage or depreciation of a purchased item shall pass to the customer at the time the item is brought under the customer's control.

Transport costs
Transportation costs shall be borne by the customer, unless the parties have agreed otherwise in this regard.

Packaging and shipping

If the packaging of a delivered product has been opened or damaged, the customer must, before taking delivery of the product, have a note made of this by the forwarding agent or delivery person, failing which Artrior cannot be held liable for any damage.
If the customer himself takes care of the transport of a product, he needs to report any visible damage to products or the packaging to Artrior prior to transport, failing which Artrior cannot be held liable for any damage.
Storage
If the customer takes delivery of ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
Any additional costs resulting from premature or delayed acceptance of products will be borne entirely by the customer.

Warranty
The warranty relating to products applies only to defects caused by faulty manufacture, construction or material.
The warranty does not apply in the case of normal wear and tear and damage caused by accidents, modifications made to the product, negligence or incompetent use by the customer, as well as when the cause of the defect cannot be clearly determined.
The risk of loss, damage or theft of the products that are the subject of an agreement between the parties is transferred to the customer at the moment they are legally and/or actually delivered, or at least come into the control of the customer or of a third party who takes delivery of the product on behalf of the customer.
Exchanges
The exchange of purchased items is only possible if the following conditions are met:
exchange takes place within 14 days after purchase upon presentation of the original invoice the product is returned in its original packaging or with the original (price) cards still attached

The product has not yet been used

Discounted items, non-perishable items such as food, customized items or items specially customized for the customer cannot be exchanged.
Indemnification
The customer indemnifies Artrior against all third party claims related to the products and/or services provided by Artrior.

Complaints
The customer should examine a product delivered or service provided by Artrior for any shortcomings as soon as possible.
If a delivered product or provided service does not comply with what the customer could reasonably expect from the agreement, the customer should notify Artrior as soon as possible, but in any case within 1 month after the shortcomings have been detected.
Consumers should notify Artrior at the latest within 2 months after discovery of the shortcomings.
In doing so, the customer will provide as detailed a description as possible of the shortcoming so that Artrior is able to respond adequately.
The client must demonstrate that the complaint relates to an agreement between the parties.
If a complaint relates to work in progress, this cannot in any case result in Artrior being obliged to perform work other than that agreed upon.
Notice of default
The customer must give written notice of default to Artrior.
It is the responsibility of the customer that a notice of default actually reaches Artrior (in a timely manner).

Joint and several liability of customer
If Artrior enters into an agreement with multiple customers, each is jointly and severally liable for the full amounts owed to Artrior under that agreement.

Artrior liability.
Artrior is only liable for any damage suffered by the customer if and to the extent such damage was caused by intentional or deliberate recklessness.
If Artrior is liable for any damage, it is only liable for direct damage arising from or related to the performance of an agreement.
Artrior is never liable for indirect damages, such as consequential damages, lost profits, missed savings or damages to third parties.
If Artrior is liable, this liability is limited to the amount paid out by a concluded (professional) liability insurance and in the absence of (full) payment by an insurance company of the amount of damage, the liability is limited to the (part of the) invoice amount to which the liability relates.
All images, photographs, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot be a reason for compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Due date
Any right of the customer to compensation from Artrior lapses in any case 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of article 6:89 of the Dutch Civil Code.




Right of dissolution
The customer has the right to dissolve the agreement when Artrior imputably fails to fulfill its obligations, unless this failure, given its special nature or minor importance, does not justify dissolution.
If the fulfillment of the obligations by Artrior is not permanently or temporarily impossible, dissolution can only take place after Artrior is in default.
Artrior has the right to dissolve the agreement with the customer if the customer fails to fulfill its obligations under the agreement in full or in a timely manner, or if Artrior has taken cognizance of circumstances that give it good reason to fear that the customer will be unable to properly fulfill its obligations.
Force majeure
In addition to the provisions of article 6:75 of the Dutch Civil Code, a shortcoming on the part of Artrior in the fulfilment of any obligation towards the client cannot be attributed to Artrior in a situation independent of Artrior's will, as a result of which the fulfilment of its obligations towards the client is prevented in whole or in part or as a result of which the fulfilment of its obligations cannot reasonably be required of Artrior.
The force majeure situation mentioned in section 1 also includes - but is not limited to - the following: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work interruptions.
If a force majeure situation occurs that prevents Artrior from fulfilling 1 or more obligations to the customer, those obligations will be suspended until Artrior is able to fulfill them again.
From the moment a force majeure situation has lasted for at least 30 calendar days, either party may terminate the agreement in writing in whole or in part.
In a force majeure situation, Artrior does not owe any compensation or damages, even if it enjoys any advantage as a result of the force majeure situation.
Modification of the agreement
If after the conclusion of the agreement for its execution it appears necessary to modify or supplement its content, the parties will timely and in mutual consultation adapt the agreement accordingly.

Modification of delivery conditions

Artrior is entitled to amend or supplement these terms of delivery.
Changes of minor importance may be made at any time.
Major substantive changes will be discussed by Artrior with the customer in advance to the extent possible.
A consumer is entitled to terminate the agreement in the event of a substantial change to the terms of delivery.
Transfer of rights

Rights of the customer from an agreement between the parties cannot be transferred to third parties without the prior written consent of Artrior.
This provision counts as a clause with effect under property law as referred to in article 3:83, section 2 of the Dutch Civil Code.
Consequences of nullity or voidability
Should one or more provisions of these terms and conditions of delivery prove to be void or voidable, this will not affect the other provisions of these terms and conditions.
A provision that is void or voidable will in that case be replaced by a provision that comes closest to what Artrior had in mind when drafting the terms and conditions on that point.
Applicable law and competent court
These terms of delivery and any agreement between the parties are governed exclusively by Dutch law.
The Dutch court in the district where Artrior has its registered office has exclusive jurisdiction to take cognizance of any disputes between the parties, unless the law imperatively prescribes otherwise.
Applicability of terms of delivery

These terms of delivery apply as of July 01, 2022.