Terms & Conditions

Download the terms and conditions in Dutch.

To insure a non-offensive and consumer protective environment, we have established terms according to Dutch law. By conducting transactions with www.dutchbutnotfromholland.eu, you agree to be legally bound and to abide by the terms set forth on the right page.

Contact information 'Dutch but not from Holland'

www.dutchbutnotfromholland.eu
info@dutchbutnotfromholland.eu
+31 (0) 45 5 717 458
Eva-Katrien Schröder (manager webshop)

Dutch but not from Holland/ Zachte G is managed by Driezesnul:

Driezesnul BV
Pancratiussstraat 30
NL-6411 KC Heerlen
Chamber of commerce number (KvK nummer): 14087596
Tax number (BTW nummer): NL8192.08.565.B.01
ABN AMRO bank: 51.36.13.285

1 Application

These conditions shall apply:

• Dutch but not from Holland: Dutch but not from Holland is a webshop which offers a collection of special design and art products from the land of Zachte G, a community of 300 plus creative people in the south of the Netherlands (Limburg region). created and managed by Driezesnul;
• Product: Things offered or provided by Dutch but not from Holland;
• Agreement: The agreement to buy a product from Dutch but not from Holland;
• Service: Service includes assistance when the product is defect upon delivery or if you are not happy with the product which you have bought;

These terms apply to this sale and all statements made by Dutch but not from Holland in brochures, price lists, adverts, quotations, on the Internet or verbally. Any variations to these terms must be confirmed by Dutch but not from Holland in writing.

Any other Terms and Conditions are excluded. Placing your order means acceptance of these terms. These terms are no seller or distribution agreement.

2. Price / Payment / Payment Terms

Products prices, tax, and shipment are as shown at www.Dutchbutnotfromholland.eu and on your order confirmation. Changes to exchange rates, duties, insurance, freight and purchase costs may cause Dutch but not from Holland to adjust prices accordingly. Payment will be made before supply and can be done through a secure on-line payment system which is integrated within www.Dutchbutnotfromholland.eu.

Payment timing is of the essence. Dutch but not from Holland may suspend deliveries until full payment for that order, with the exception of reimbursement. Until full payment has been made the entire ownership of the artwork will remain with the artist and/or Dutch but not from Holland.

Administrative errors must be corrected by either party within 14 days after report.

Delivery

Dutch but not from Holland tries to deliver the product within 14 days after receiving payment for this specific product. The maximum delivery period is 30 days. The place of delivery is stated in the Order Confirmation.

Acceptance

When you receive the Product you must inspect it for any defects or non-conformity within 7 days. After this period, you will have accepted the Product.
If Dutch but not from Holland agrees to the return of Product at its choosing, it must be in its original condition with packaging, a return note and proof of purchase.

3. Warranty

Unless otherwise stated, Dutch but not from Holland guarantees to you that Dutch but not from Holland Products will be free from defects upon delivery. Should the Product be defective upon delivery, Dutch but not from Holland, will replace Product, if this is possible, within a reasonable time. If replacement is not possible, your will get a refund. All reasonable care and endeavor shall be used to resolve problems within a realistic period in the circumstances. You will receive a refund of the product price and VAT but not for shipping costs. You are solely responsible for returning the product. This is at your own expense. Reimbursement will occur after Dutch but not from Holland received the product and checked it for possible damage.

Dutch but not from Holland does not give a warranty guarantee protection for:

• damage caused by incorrect removal of packaging;
• use, modifications or repair by any unauthorized 3rd party or yourself, caused by any party (except Dutch but not from Holland) or other external force

You must provide Dutch but not from Holland with all reasonable courtesy, information, cooperation, facilities and access to enable Dutch but not from Holland to perform duties. If you fail to do this, Dutch but not from Holland shall not be obliged to perform any Service or assistance.

4. Force Majeure

Dutch but not from Holland is not liable for delays in performance (incl. delivery) caused by circumstances beyond its reasonable control and will be leading to a time extension for performance; examples include strikes, terrorist acts, war, supplier / transport / production problems, exchange fluctuations, governmental or regulatory action and natural disasters. If this lasts more than 30 days, this Agreement may be terminated by either party without compensation. Dutch but not from Holland informs you if delay is expected or if delay occurs. You will receive a refund of the price paid.

5. Termination

Dutch but not from Holland may terminate this Agreement with immediate written notice if you:

1. fail to pay on time,
2. breach or Dutch but not from Holland suspects you have breached export control laws.

Either party may terminate if the other:

1. commits a material or persistent breach of this Agreement and fails to remedy this within 30 days of written notice from the other;
2. becomes insolvent or is unable to pay debts as they fall due.

6. Your obligations as a Customer

You are responsible for your own choice of Product and its suitability for purpose and your telephone & postal charges in contacting Dutch but not from Holland, if any.

You must provide Dutch but not from Holland with all reasonable courtesy, information, cooperation, facilities and access to enable Dutch but not from Holland to perform duties. If you fail to do this, Dutch but not from Holland shall not be obliged to perform any Service or assistance.

7. Data Protection

Your data will be held and/or transferred in strict accordance with the applicable data protection laws. Look at the privacy statement for our privacy policy.

8. Consumer Rights

You as a consumer may cancel your purchase at any time within 7 working days of receipt without cause and receive a refund of the price paid. Dutch but not from Holland will pay the refund within 14 days after receiving the returned product.

The shipping costs will have to be borne by you. To do this you must inform Dutch but not from Holland in writing and return the products immediately, in the same condition you received them and at your own cost and risk. Any statutory Consumer rights are unaffected by this Agreement. This does not apply to any business customer or user.

In case of a dispute, the Stichting Webshop Keurmerk (Foundation Webshop Keurmerk). will mediate. Does the mediation not achieve the desired result then the dispute shall be referred to the Disputes Commission of the Foundation Webshop Keurmerk, which is managed by Teurlings & Ellen Lawyers in Amsterdam.

9. Copyright and disclaimer

Click on the link above to read about copyright and Dutch but not from holland's disclaimer

10.Intellectual property

All intellectual and industrial property rights relating to products and design, and to everything Dutch but not from Holland and associated artists and designers develop and provide, and manufacture, including packaging, catalogs and images, belong to Dutch but not from Holland.

You are not allowed to remove or modify any indication of patents, copyrights, trademarks, trade names or other rights of intellectual or industrial property in the products. The intellectual property rights relating to www.DutchbutnotfromHolland.eu, the design of it and descriptions, images, photos and other information on the website, in whatever form, belong to, or are licensed by Dutch but not from Holland or to an institution / company affiliated to Dutch but not from Holland.

11. Jurisdiction

Dutch law and the exclusive court jurisdiction of the Dutch courts will apply to this Agreement. However, Dutch but not from Holland has the power to contact the court of your residence/location, if that residence / location is outside the Netherlands.

12. Final provisions

The operation of any international treaty on the sale of movable tangible property, the force between the parties may be excluded, is not applicable and is hereby expressly excluded. In particular, the applicability of the Vienna Sales Convention 1980 (CISG 1980) is explicitly excluded.

If you act on behalf of one or more other party's you are, without prejudice to the liability of the others, against Dutch but not from Holland liable as if you are the customer.

If any provision of these terms and conditions relative to you would be void or invalid, it shall be deemed that instead there will be a valid provision that approaches the void or invalid provision most.

13. Miscellaneous

If any part of the Agreement is found to be invalid or unenforceable by a court, the rest is unaffected. Dutch but not from Holland may subcontract, assign or transfer its obligations or rights to a competent third party whether in whole or in part. You may not assign or transfer any of your obligations. All notices must be in writing (by hand, email, fax or 1st class post deemed delivered 48 hours after posting) and sent to a legal officer of either party.

All information on this website is subject to changes.