Terms and conditions

1. My business

1.1 This website is owned and operated by: Zumi Rash Orient Art Studio. Full company details can be found at the bottom of every web page.

PURCHASING ART

2. Entering into a contract with me
   

2.1 When you place an order with me, you are demonstrating an intent to buy goods. This will involve payment for these goods. I will send you an e-mail to confirm that I have received your order and payment.

2.2 Once I know that I have successfully received payment I will notify you that the order has been processed, at this point we have a contract between us.

2.4 I have made every effort to display as accurately as possible the colours of my paintings and sculptures that appear on this website. However, I cannot guarantee that your monitor’s display will accurately reflect the colour and tone of the real thing. I can only do what technology will allow me to.

2.5 All information provided is approximate and is provided in good faith.

2.6 Any contract we enter into will be covered by Dutch law.

2.7 By placing an order with me and paying for your goods you agree to and accept these terms, as well as my privacy policy.

2.8 I am fully compliant with my obligations under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

3. How to buy something
   

3.1 You can use my website to place an order by selecting the product you wish to buy and adding it to your ThriveCart. If you prefer to order by telephone you can do so by calling +31633421913

3.2 Shipping charges will be given before you commit to buy anything.

3.3 You will be required to pay for the goods in full at the time of ordering.

3.4 I use secure payment facilities for online purchases. You can pay for your order through Pay Pal or Visa and Mastercard.

3.5 Once your order is complete I will notify you of the dispatch date (normally around 7-10 days after checkout).

4. Delivery & Shipping Charges

4.1 Goods will normally be dispatched from my studios within 10-14 working days.

4.2 A carrier or shipping agent will normally deliver goods within 2-5 working days of dispatch for the Netherlands and 10-14days for overseas shipments.

4.3 Your goods will be delivered to the address you gave on your order. You must be at home to accept delivery of your order, which is normally between 9:00am and 6:00pm Monday-Friday. I will not accept responsibility for loss or damage if you instruct the delivery company to leave the goods unattended.

4.4 Disposal of packing materials is your responsibility.

4.5 After two failed delivery attempts (or if you are not at home for an agreed delivery) the goods may be returned to the my studios where I reserve the right to charge you an additional re-delivery charge.

4.6 If you change the delivery address once the goods have been dispatched to you, I reserve the right to pass on any extra charges made by our carriers for redirecting your delivery.

4.7 Please check the goods on delivery – any goods found to be damaged should be notified to the delivery driver at the time of delivery or to me within a reasonable time.

4.8 If the goods are lost or damaged in transit, please let me know promptly.

4.9 Sometimes, for reasons beyond mine or the courier’s control I may be prevented from delivering your goods. These might include things such as accidents, breakdowns, fire, flood, storm, severe weather, acts of god, war, riot, civil commotion, malicious damage, or the default of our suppliers.

5. Cancellation and returns

5.1 You can cancel your contract at any time up to 7 days after the day of delivery. To do this, please e-mail or write to me. I am unable to accept cancellations by phone.

5.2 You do not have to give any reason for cancellation. However, a brief explanation will help me to improve the service I offer to customers in the future.

5.3 If you cancel, you must return the goods within 14 days of cancellation, complete with the original packaging to me at your own expense. You must ensure that the goods are packaged adequately to protect against damage.

5.4 You may properly examine the goods for 14 days as you would do had you visited my gallery space.

5.5 If you fail to return the goods, I will collect them, and will charge you the direct cost of collection. If you fail to take reasonable care of the goods before they are returned to me, and this results in damage or deterioration, I will charge you for the reduction in value.

5.6 I will refund all monies paid to us within 30 days, less any costs due under this contract. Shipping costs are never refundable. If shipping costs were included in the price of the goods, they are also non-refundable and will be taken off the refund.

5.7 Business customers or customers exempt from the distance selling regulations may not cancel an order without our mutual agreement. This cancellation policy does not affect your legal rights – for example, if goods are faulty or misdescribed.

6. Faulty Goods / Guarantee

6.1 If there is a problem with the goods, please notify me by email, or in writing, providing details of the problem. Its helpful if you can provide me with a digital photograph of the problem as this normally saves you having to return the goods for inspection. I will deal with the matter in accordance with your legal rights.

USING THIS WEBSITE

Applicability 

• These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of .
• Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
• The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the
  customer or of third parties.

Prices 

•  Zumi Rash Orient Art Studio adjusts all prices for products or services, shown on the website or otherwise, at any time.
• Increases in the cost prices of products or parts thereof, which could not foresee at the time of making an offer or the
  conclusion of the agreement, may give rise to price increases.
• The consumer has the right to terminate an agreement as a result of a price increase unless the increase is the result of statutory regulation.

Suspension of obligations by the customer

The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

Right of retention

• Can appeal to his right of retention of title and in that case retain the products sold by to the customer until the customer has paid all outstanding invoices with regard to, unless the customer has provided sufficient security for these payments.
• The right of retention of title also applies on the basis of previous agreements from which the customer still owes payments to .
•  Zumi Rash Orient Art Studio is never liable for any damage that the customer may suffer as a result of using his right of retention of title.

Retention of title 

•   Zumi Rash Orient Art Studio remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to under whatever agreement with including of claims regarding the shortcomings in the performance.
• Until then, can invoke its retention of title and take back the goods.
• Before the property is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise
  encumber the products.
• If invokes its retention of title, the agreement will be dissolved and has the right to claim compensation, lost profits
  and interest.

Guarantee

1. The warranty relating to products only applies to defects caused by faulty manufacture, construction or material.
2. The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes
   made to the product, negligence or improper use by the customer, or when the cause of the defect cannot clearly be
   established.
3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, will pass on
   to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or of a third party who receives the product for the benefit of the customer.

Indemnity

The customer indemnifies against all third-party claims that are related to the products and/or services supplied by .

Complaints

1. The customer must examine a product or service provided by as soon as possible for possible shortcomings.
2. If a delivered product or service does not comply with what the customer could reasonably expect from the
   agreement, the customer must inform of this as soon as possible, but in any case within 1 month after the discovery
   of the shortcomings.
3. Consumers must inform of this within two months after detection of the shortcomings.
4. The customer gives a detailed description as possible of the shortcomings, so that is able to respond adequately.
5. The customer must demonstrate that the complaint relates to an agreement between the parties.
6. If a complaint relates to ongoing work, this can in any case not lead to being forced to perform other work than has
   been agreed.

Giving notice

1. The customer must provide any notice of default to in writing.
2. It is the responsibility of the customer that a notice of default actually reaches (in time).

Liability 

 Zumi Rash Orient Art Studio is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.
 Zumi Rash Orient Art Studio is only liable for direct damages that results from or is related to the execution of an agreement.

Zumi Rash Orient Art Studio is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties. If is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.
All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Expiry period

Every right of the customer to compensation from shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 Dutch Civil Code.

Dissolution

1. The customer has the right to dissolve the agreement if imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.

2. If the fulfillment of the obligations by is not permanent or temporarily impossible, dissolution can only take place

2. If the fulfillment of the obligations by is not permanent or temporarily impossible, dissolution can only take place after is in default.

3. has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give good grounds to fear that the customer will not be able to fulfill his obligations properly.

Force majeure

1. In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of in the fulfillment of any obligation to the customer cannot be attributed to in any situation independent of the will of , when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from .
2. The force majeure situation referred to in paragraph 1 is also applicable - but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
3. If a situation of force majeure arises as a result of which cannot fulfill one or more obligations towards the customer, these obligations will be suspended until can comply with it.
4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
5. does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.

Modification of the agreement

If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.

Changes in the general terms and conditions

1. is entitled to amend or supplement these general terms and conditions.
2. Changes of minor importance can be made at any time.
3. Major changes in content will be discussed by with the customer in advance as much as possible.
4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and
   conditions.

Transfer of rights

1. The customer cannot transfer its rights deferring from an agreement with to third parties without the prior written consent of .
2. This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.

Consequences of nullity or annullability

1. If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.
2. A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what had in mind when drafting the conditions on that issue.

Applicable law and competent court

1. Dutch law is exclusively applicable to all agreements between the parties.
2. The Dutch court in the district where is established is exclusively competent in case of any disputes between parties,
   unless the law prescribes otherwise.

PRIVACY POLICY