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Terms & Conditions 
FOR ONLINE SALE OF GOODS

These terms and conditions (hereinafter ”Terms and Conditions”) apply to all purchases made by you on our website http://www.artandco-mch.com/ (hereinafter the "SITE").

On these Terms and Conditions you shall find the following information on:

  • YOUR legal rights and responsibilities;

  • OUR legal rights and responsibilities; and

  • certain key information required by law.

 

IMPORTANT NOTE
IF YOU BUY GOODS ON OUR SITE, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH OR ACCEPT ANY OF THESE TERMS AND CONDITIONS, YOU SHOULD STOP USING THE SITE IMMEDIATELY AND NOT BUY ANY GOODS ON THE SITE.

INFORMATION ABOUT US:
Art&Co. by MCH is trade mark name registered under the company Tech Marketing Solutions BV a company registered in the Netherlands under registration number KVK 77912756 / VAT Number: NL861195243B01, address: Huizermaatweg 560, 1276LN Huizen. Email: info@artandco-mch.com (“WE” or “US or “COMPANY””).

 

ARTICLE 1.     DEFINITIONS

 The following terms have the following meanings in these Terms and Conditions:

  • “CONSUMER” means the individual or business entity who purchased goods from the Company and whose details are set out in the Order.

  • "PRODUCT” or “PRODUCTS" means the good(s) available for sale on our SITE;

  • “ORDER” means an order to purchase PRODUCTS which YOU make on OUR SITE.

  • "TERRITORY" means the Netherlands or EU; and

  • "EXTERNAL TERRITORY" means all countries outside the EU;

  • “YOU/YOUR” means the individual or business entity who uses the SITE to place an ORDER to buy PRODUCTS from US and being a consumer.

ARTICLE 2.     PURPOSE

All sales of PRODUCTS are subject to these legally binding Terms and Conditions. YOU acknowledge that this SITE addresses CONSUMERS and YOU purchase the PRODUCTS as a CONSUMER.

ARTICLE 3.     ACCEPTANCE OF TERMS AND CONDITIONS 

  • YOU agree to read these Terms and Conditions carefully and to accept them before proceeding to the payment of an ORDER of PRODUCTS on the SITE.

  • These Terms and Conditions are referenced at the bottom of each page of the SITE by means of a link and they may be updated or modified. YOU must read through and accept the Terms and Conditions before placing an ORDER. YOU are encouraged to carefully read, download, and print the Terms and Conditions and to keep a copy for YOUR records.

  • By clicking on the button to place an ORDER and then the button to confirm the ORDER, YOU acknowledge having read, understood and accepted these Terms and Conditions without limitations or conditions.

ARTICLE 4.     PURCHASE OF PRODUCTS ON SITE 

  • In order to purchase a PRODUCT, the CUSTOMER must be at least 18 years of age and have the legal capacity.

  • YOU will be required to provide information allowing US to identify YOU by completing the form available on the SITE.

  • The sign (*) indicates the mandatory fields that YOU must fill in before YOUR ORDER is processed by US.

  • YOU can check the status of YOUR ORDER on the SITE. YOU can track the status of YOUR ORDER, if necessary, using the online monitoring tools provided by US or our delivery partners (if any) or contact OUR sales department by sending an email to info@artandco-mch.com to obtain information about the status of YOUR ORDER.

  • The information YOU provide to US during an ORDER must be complete, accurate and up to date. WE reserve the right to ask YOU to confirm, by any appropriate means, YOUR identity, YOUR eligibility and the information communicated.

ARTICLE 5.     ONLINE ORDER PROCESS

Selection of PRODUCTS and purchase options

5.1 YOU will have to select the PRODUCT of YOUR choice by clicking on the PRODUCT concerned and selecting the characteristics and the quantities desired. Once the PRODUCT is selected, the PRODUCT is placed in YOUR shopping basket. YOU can add as many PRODUCTS to YOUR shopping basket as YOU wish.
5.2 Once YOU have selected a PRODUCT and placed it in YOUR shopping basket, YOU must click on the shopping basket to ensure the contents of YOUR ORDER are correct. If YOU have not done so, WE will invite YOU to identify YOURSELF or register.

  • If YOU confirm the contents in the shopping basket and have identified or registered on OUR SITE, an automatically completed online form will appear summarizing the price and, if applicable, the delivery charges.

  • Once verified, YOU can then proceed to the payment of the PRODUCTS following the instructions on the SITE and by providing all the information necessary for the invoice and the delivery of the PRODUCTS. If options are available for the PRODUCT, specific references will appear when the correct option(s) have been selected. YOU must include all the information required for the correct processing of the ORDER.

  • YOU must also select the delivery method for YOUR ORDER

5.3 Acknowledgment of receipt
Once all the steps described above are completed, a page will appear on the SITE acknowledging receipt of YOUR ORDER. A copy of the acknowledgment of receipt of the ORDER will be sent to YOU automatically by email to the email address YOU have provided to US.
This acknowledgment does not, however, mean that YOUR ORDER has been approved.
WE may contact YOU to say that WE do not accept YOUR ORDER. This may be for a number of reasons, for example :

  •  The goods are unavailable;

  • WE cannot authorize YOUR payment;

  • YOU are not allowed to buy the PRODUCT from US;

  • WE are not allowed to sell the PRODUCT to YOU;

  • YOU have ordered too many PRODUCTS; or

  • There has been a mistake in the pricing or description of the PRODUCT.

WE will only accept YOUR ORDER when WE email YOU to confirm this (“CONFIRMATION EMAIL”). At this point only a legally binding contract will be in place between YOU and US in respect of YOUR ORDER; and WE will dispatch the PRODUCT to YOU.
WE do not send ORDER acknowledgment or confirmations by post or fax.

5.4 Invoice

  • When placing an ORDER, YOU must enter the information WE require for the invoice (the (*) sign will indicate the mandatory fields to be filled in the ORDER so that WE can process YOUR ORDER).

  • YOU must clearly indicate all the information relating to the delivery, particularly the exact address for delivery, and any relevant access code for or instructions to access the delivery address.

  • YOU must also select methods of payment.

  • The online order form and the email acknowledgment of receipt of the ORDER do not constitute an invoice. Irrespective of the order or payment method used, YOU will receive the original invoice on delivery of the PRODUCT, inside the package

5.5 ORDER Date
The ORDER date is the date of OUR CONFIRMATION EMAIL. The timelines indicated on the SITE do not begin to run until this date.
5.6 Price

  • Prices of the PRODUCTS including the applicable delivery charges (depending on the weight of the package, excluding packaging and gifts, the delivery address and the carrier and method of delivery) are available from the SITE and are in Euro (EUR or €).

  • Prices include, in particular, value-added tax (“VAT”) at the rate in force on the date of the ORDER. Any changes in the applicable rate may impact the price of the PRODUCTS from the effective date of the new rate.

  • The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold.

  • The prices quoted on the SITE are valid unless there is a gross error. The applicable price is that indicated on the SITE on the date YOUR place the ORDER. The final price does not include your country's importation/customs fees.

5.7 PRODUCTS Availability
The unavailability of a PRODUCT is in principle indicated on the page of the PRODUCT concerned on the SITE.
In case the unavailability of a PRODUCT YOU have ORDERED has not been indicated on the PRODUCT page, WE will inform YOU of it.
If certain PRODUCTS are unavailable, WE may need to substitute them with alternative goods of equal or better standard and value.

In this case,
a) WE will let YOU know if WE intend to do this but this may not always be possible; and
b) YOU can refuse to accept such substitutes, in which case WE will offer YOU a refund within thirty (30) business days of payment or a replacement and let YOU know how long such an offer remains open for.

ARTICLE 6.     RIGHT OF CANCELLATION & RETURN

6.1 Damaged works cannot be returned.

6.2 If you buy a work in our webshop, you are allowed to change your mind within 14 calendar days after purchase (Cooling-off period). You can cancel the purchase within this period without providing a cancellation reason.

6.3 The cooling-off period referred to in 6.2 starts on the day after you, or a person designated by you in advance, have received the work. If you have ordered multiple works, we will count from the day on which you, or a third party designated by you, have received the final work.

6.4 In case of a return, works have to be returned within 14 calendar days from the day of receipt, complete, in new condition and, in the original packaging.
During the Cooling-off period, while observing the product, make sure you do so carefully, with clean hands. Don’t stain the work or damage it. If you return a work that is damaged, we cannot refund your money.

6.5 During the cooling-off period, you will handle the work and packaging with care. You may unpack and inspect it as you would in a store. But, if you don’t handle the product with care and damage or stain it, you can no longer return it.

EXERCISE OF THE RIGHT OF WITHDRAWAL

6.6 If you decide to return the work, please let us know by sending an email to: 
info@artandco-mch.com
In this email, please mention the following:

  • Name of the work you would like to return

  • The reason you would like to return it

  • You can only return the work with all corresponding accessories, undamaged, in its original condition, and in the original packaging.

  • You have to return the work by registered mail. If the returned work has a value over €500 (or products combined), you will have to insure your return shipment at your local post office. The shipping costs of returning items are for your own account.

  • It is the customer’s responsibility to return the work on time and in good condition.

  • The purchased amount will be refunded to your account within 15 working days after we have received the returned work in good condition.

EXCLUSION OF THE RIGHT OF WITHDRAWAL

  • If one of the purchased works is personalized at your request, or if you have a work made on request, you cannot return the work. Since this is concerning personalized work, we are no longer able to sell this work to other customers.

  • Adding a frame to the painting will be considered as personalizing the product as the framing process is irreversible and damage the painting headers.

  • ordering from EXTERNAL TERRITORY (Outside EU) has no return policy and no refund policy.

We ask you for your understanding.

ARTICLE 7.     PAYMENT

YOU will pay for the PRODUCTS YOU have ORDERED on the SITE according to the payment methods WE offer. YOU warrant to US that YOU hold all the authorizations required to use the chosen methods of payment.
WE will do all that WE reasonably can to ensure that all of the information YOU give US when paying for the PRODUCT is secure by using an encrypted secure payment mechanism.
All data related to YOUR payment provided on our SITE will be transferred directly through a 3rd part payment provider to your bank and will not be processed on OUR SITE.

Payment date

  • In the event of a single payment by credit card, YOUR credit or debit card will only be charged when YOUR ORDER is processed..

Delay or denial of payment

  • If the bank rejects YOUR payment, YOU must contact OUR Customer Service in order to pay for the ORDER by another valid method of payment.

  • In the event that, for whatever reason, payment is denied, opposed or otherwise not possible or YOU are unable to proceed with the payment, YOUR ORDER will be canceled and terminated automatically.

ARTICLE 8.     STORAGE OF YOUR INFORMATION

  • WE will store YOUR information in order to monitor YOUR transactions and to produce a copy of YOUR ORDERS at YOUR request.

ARTICLE 9.     TRANSFER OF OWNERSHIP

  • We retain full ownership of the PRODUCT subject to YOUR ORDER (where or not delivered to YOU) until WE have received full payment from YOU.

  • Notwithstanding the foregoing paragraph, the risk of loss or damage to the PRODUCT will transfer to YOU upon delivery of the PRODUCT to YOU or a third party designated by YOU (excluding the delivery carrier).

ARTICLE 10.     DELIVERY

  • PRODUCT delivery terms are provided in the "Delivery terms” at Annex 1 of these Terms and Conditions

ARTICLE 11.     PACKAGING 

  • WE will pack PRODUCTS in accordance with the current transport standards to ensure the appropriate level of protection for the PRODUCTS during delivery.

  • YOU agree to respect and maintain the same standards when returning PRODUCTS according to the “Cancellation Policy” As mentioned in Art 6.

ARTICLE 12.     LIABILITY

  • In any event, WE are not liable for any losses or damage arising from YOUR non-fulfillment or improper performance of YOUR obligations.

  • WE are not liable for any delay or non-performance if the cause of the delay or non-performance is related to any default due to any act of God, war, strike, lockout, industrial action, fire, flood, drought, windstorm or another event beyond the reasonable control of either party.

  • WE do not exercise control over websites directly or indirectly linked to our SITE. WE are not liable for any content published on third party websites. Links to third party websites are provided for information purposes only and WE give no endorsement or warranty in relation to their content.

ARTICLE 13.     PERSONAL DATA

  • WE process information about YOU in accordance with OUR Privacy Policy. WE ask that YOU read OUR Privacy Policy carefully as it contains important information on who WE are, how and why WE collect, store, use and share personal information, YOUR rights in relation to YOUR personal information, and how to contact US in relation to YOUR personal information. It also contains information on the correct body to contact in the unlikely event that YOU have a privacy complaint that WE cannot address.

ARTICLE 14.     COMPLAINTS

Tech Marketing Solutions – Art&Co by MCH

Huizermaatweg 560, 1276LN Huizen
The Netherlands

ARTICLE 15.      INTELLECTUAL PROPERTY

The SITE and all intellectual property rights in it including all content (including but not limited to text, photographs, graphics, software and all visuals and sounds), are owned by US, OUR licensors, or both (as applicable). Intellectual property rights mean rights such as copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). WE reserve all of OUR rights in any intellectual property in connection with these Terms and Conditions. This means, for example, that WE remain the owner of them and are free to use them as WE see fit.
Any person who publishes a website and wishes to create a direct hypertext link to the SITE shall first obtain OUR written consent, which is at OUR sole and absolute discretion and may be withdrawn at any time.
Hyperlinks to the SITE using techniques such as framing or deep-linking are strictly forbidden.

CLAUSE 16.     VALIDITY OF THE TERMS AND CONDITIONS

If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of all other provisions (and, if applicable, the remainder of the provision in question) shall not be affected.

CLAUSE 17.     AMENDMENT OF THE TERMS AND CONDITIONS

Our Terms and Conditions apply to all ORDERS placed on our SITE as long as our SITE is available online.
Our Terms and Conditions are dated accurately. WE may modify and update our Terms and Conditions at any time.
The Terms and Conditions applicable are those in force at the time of the ORDER. Any changes to OUR Terms and Conditions will not apply to the PRODUCTS already purchased.

CLAUSE 18.     DISPUTES, APPLICABLE LAW AND JURISDICTION

WE will try to resolve any disputes with YOU quickly and efficiently.
If YOU and WE cannot resolve a dispute using OUR internal complaint handling procedure, WE will:
18.1. let YOU know that WE cannot settle the dispute with YOU; and
18.2. YOU may use the online dispute resolution (ODR) platform to resolve the dispute with US. For more details, please visit the website on the ‘Your Europe’ portal: https://webgate.ec.europa.eu/odr.
If YOU want to take court proceedings, the relevant courts of the Netherlands will have exclusive jurisdiction in relation to this contract.
These TERMS AND CONDITIONS and YOUR use of the SITE and all contracts concluded as a result of YOUR use of the SITE are governed by Dutch Law.
 

APPENDIX 1: DELIVERY TERMS
Delivery zone

  • PRODUCTS WE offer can be delivered within the TERRITORY and EXTERNAL TERRITORY.

  • WE do not deliver to any countries that are under business Ban/prohibition by the EU and USA regulations. 

  • WE deliver the PRODUCTS to the delivery address YOU provided US with during the ordering process.


Delivery time

  • The time required to prepare an order and issue an invoice before the shipping is indicated on the SITE, but will not be less than 15 working days.

  • This time does not include weekends or holidays and is an estimate only.

  • An email message will be automatically sent to YOU at the time of shipment of the PRODUCTS, provided that the email address in the registration form is correct.


Shipping & delivery costs

  • During the order process, WE will indicate shipping options and estimated timeframes.

  • Shipping costs are calculated according to the method of delivery.

  • YOU will bear the shipping costs in addition to the price of YOUR purchased PRODUCTS or as indicated during the purchasing process on the website.

  • Details of time frame and delivery is detailed on the SITE.

If WE fail to indicate or agree on a delivery date, WE will deliver the PRODUCTS without undue delay no later than thirty (30) business days after the conclusion of the contract.

Terms of delivery
The parcel will be delivered to YOU against signature and upon presentation of identification. If nobody is available to take delivery, WE will leave a notice to enable YOU to collect YOUR parcel from a post office.

Delivery issues

  • YOU will be informed of the delivery date in a separate email.

  • Note that All the artworks are one-of-a-kind handmade or original prints. Therefore, once the purchase has been made, please allow additional time for the artwork to be redirected from the Gallery studio before going out for delivery.


  • Deliveries will be made within thirty (30) business days or our acceptance of YOUR ORDER in any event. If this is not the case, YOU must contact US within a reasonable time. If WE fail to deliver within the 30 business day period, YOU may terminate the contract.

  • WE will reimburse YOU, without undue delay after receipt of the termination letter, the total amount paid for the PRODUCT, taxes and shipping costs included, using the same method of payment YOU used to buy the PRODUCTS.

  • WE are responsible for the delivery of YOUR PRODUCTS. YOU have three (3) days to notify the courier of damages or partial loss noticed upon delivery.

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