TERMS & CONDITIONS DELIVERY
Buyer: Any natural person or legal entity who gets into contact with Evita Art & Music (hereafter: EAM) to enter into an agreement.
Agreement: Any agreement established between EAM and the buyer, any change or addition thereto, as well as all legal acts in preparation and implementation of that agreement.
Products: Greeting cards, gift cards, Art E–cards, painted wine boxes and other art related products.
Services: The services, including advice and service in the broadest sense that EAM provides whether or not concerning products.
Order/Order: Any order of the buyer to EAM, orders, etc. can be placed through the web shop of EAM.
Article 1: General
By placing an order through the web shop of EAM, the buyer states that he agrees with the general terms & conditions. EAM has the right to change the general terms & conditions and the contents of it after the expiration of the term of validity.
EAM will ensure that:
- The order is executed after receipt of the payment to PayPal or Ideal.
- The ordered products are delivered to the buyer, by which the postage costs are entirely at the expense of the buyer.
- Is authorized to involve third parties for the execution of the order (s) of the buyer.
- Is entitled to refuse the buyer access to the system of EAM without giving any reason.
Article 2: Offer & Agreement
All offers are not binding. EAM reserves herself the right of changing prices, especially when this is necessary on the ground of regulations.
An agreement is concluded when EAM has confirmed the acceptance of her offer by the buyer online and the buyer has received the confirmation. In some cases, EAM has the right to withdraw this offer within 02 (two) working days after the confirmation online.
Article 3: Prices & Rates/Postage Costs
All prices exclude VAT. EAM reserves the right to change its prices and tariffs. The prices and rates indicated by EAM are with a proviso. EAM does not accept responsibility for the consequences of printing errors, changes in prices, models, types and versions EAM. Shipping costs are inclusive of VAT, unless otherwise expressly agreed. For the Netherlands, the following costs for postage are applicable for:
Greeting and Christmas cards:
- 1–4 pieces: € 2,50
- 5–11 pieces: € 3,10
- 12–20 pieces: € 4,40
- 21–50 pieces: € 5,00
- More than 50 pieces: On request.
Article 4: Payment
The following payment methods are possible: iDEAL and PayPal.
Article 5: Delivery/time of delivery/delivery
The orders are delivered at the (postal) address given by buyer. The delivery period of the products takes place within 07 (seven) working days after the payment is received. The delivery period specified by EAM is only indicative. Exceeding the delivery period does give the buyer neither the right to claim damages nor the right to cancel the order. When the delivery period will be exceeded the buyer will be informed by e–mail, telephone or in writing about the delivery period to be expected, allowing EAM a maximum period of 30 (thirty) days to be able to perform. Of course, EAM pays extra attention to the packaging, in order to have the buyer to take delivery of the contents of the delivery in intact state. EAM reserves the right to make partial deliveries, so that an order can be sent in two or more items. In case the order must take place in several deliveries, EAM pays the cost of postage. The buyer will always receive a message of an eventual partial delivery. The cancellation of an order(s) is only possible, if the products ordered by the buyer are not finished. In case the products ordered by the buyer are already printed and ready for shipment, the costs made by EAM until then will be charged to the buyer. EAM reserves the right to refuse returns or to credit only a part of the amount paid by the buyer, when it is suspected that the products have been already used or has been damaged by debt other than that of EAM or the supplier of the product. The costs of the risk during returns and the costs of postage for the return delivery are at the expense of the buyer. EAM accepts returns only after written notification. The risk of loss or damage to goods being the subject of the agreement will pass to the buyer from the moment when the goods are offered and received at the (postal) address given by the buyer. In the case of the discovery of a fault the buyer has to notify EAM within 02 (two) days after receipt of the products. Hereafter the subsequent steps will be determined.
Article 6: Art E–Card(s)
EAM will do everything she can to send the E–card to the e–mail address given by the buyer. EAM does not guarantee that the E–card arrives and cannot be held responsible if it does not arrive. EAM cannot be held responsible if the personal text does not get across correctly and or if the selected E–card causes damage and or any consequential loss of any kind caused by or arising from the use of the E–card. EAM cannot be held responsible either for the textual contents of the E–card. When sending an E–card the sender agrees to receive the periodic newsletter produced by EAM. In each newsletter, the recipient has the option to unsubscribe.
Article 7: Delivery and risk
EAM is in no way responsible for misunderstandings, damages, delays or failure if orders and communications do not get across because of problems with by the Internet or any other means of communication traffic between EAM and the buyer, or between EAM and third parties, as far as they relate to the relationship between the buyer and EAM. The colours of the products, which are shown in the web shop, may differ from actual product colours. EAM takes the risk of sending the product(s). However, the cost of sending will be paid entirely by the buyer.
Article 8: Privacy Personal Data
Article 9: Retention of Title
All the goods delivered to the buyer remain the property of EAM until all amounts due by the buyer for goods supplied in accordance with the contract are paid entirely to EAM.
Article 10: Force Majeure
Each circumstance independent of the will of EAM, as a result of which the fulfilment of her obligations:
1. Towards the buyer is impeded fully or partially, or
2. In reason cannot be desired of EAM, regardless of whether that circumstance was foreseen at the time of the closing of the agreement.
These circumstances also include strikes and exclusions, stagnation or other problems at the production by EAM or her suppliers and/or provided transportation by she or by third parties and/or measures by any government agency, telecommunications failures as well as the lacking of any license to be obtained by the authorities.
3. In case of temporary force majeure EAM is entitled to extend the delivery time during the temporary impediment. If the temporary force majeure lasts longer than thirty (30) days, the buyer is entitled to dissolve the agreement. However, the latter right expires as soon as the temporary situation of force majeure has been raised and the right to dissolve has not been invoked. Subject to article 10.3, the buyer does not have the right to dissolve the agreement and does not receive any compensation in case of force majeure.
Article 11: Applicable law and disputes
To all offers, orders at, and agreements with EAM, the Dutch law is applicable.