Legal - General Conditions and GDPR
A General Conditions
B GDPR (Privacy Statement)
A
General Conditions Corné Akkers
Please read these terms and conditions if you are considering a purchase of one or more of my artworks. If you have questions feel welcome to put these to me (tel. +31622447347 and/or info@corneakkers.com) and I will be happy to answer them.
1
General
1.1
These general terms and conditions (hereafter: ‘General Conditions’) apply when you place an order leading to the purchase of one ore more of my artworks (hereafer: the ‘Puchase Agreement’ or ‘Purchase’).
1.2
By accepting these General Conditions you confirm that you are at least 18 years old and that you have the legal capacity to accept the General Conditions and enter into the Purchase Agreement.
1.3
Payment for the purchase of an artwork constitutes the acceptance of the General Conditions.
2
Orders / Purchase Agreement
2.1
An order is considered to be put by you to me if the acceptance thereof (inclusive the offering of these General Conditions) will constitute a Purchase Agreement. All orders must be in writing or put through the web shop. Prices enquiries, verbal commitments and/or conditions in an order of suspensive nature will not be considered as an order.
2.2
An order can concern the purchase of the art work itself or the purchase of a downloadable print, hereafter called ‘printable’ or in plural ‘printables’, and can be put in writing, mail and through the ordering systems on this website.
2.3
The Purchase Agreement is legally binding both parties (you as purchaser, hereafter called the ‘Purchaser’ or ‘you’, and me as seller, hereafter called the ‘Seller’, ‘me’ or ‘I’, after:
2.4.a
the receipt by you of a written confirmation by me, accepting the order in writing. This written confirmation will be sent to you by email;
2.4.b
after the payment through the web shop has been done.
2.5
The General Conditions are an integral part of the Purchase Agreement unless deviated from as meant in section 2.4, in the Purchase Agreement of these General Conditions, notwithstanding the application of the rest of the General Conditions.
2.6
False or incorrect personal information will not constitute a Purchase Agreement.
2.7
An order may be refused if – how unfortunate may be – an artwork may be sold already.
3
Payment Methods
3.1
Paypal and wire (bank) transfer are available payment methods.
3.2
All artworks ordered remain my property until I have received full payment for them.
4
Return and Refund Policy
4.1
Artworks cannot be returned and reimbursed for after sent to the buyer. Therefor all sales are final.
4.2
Section 4.1 of these General Conditions also apply mutatis mutandis to the purchase of a printable as defined in secion 2.2. No refunds as to the purchase of a printable are allowed.
5
Prices, Fees etc.
5.1
All prices are in the currency stated in the Purchase Agreement andd include VAT (depending on where you reside VAT may however not be applicable to your purchase). Unless agreed otherwise the prices do not include payment or shipping fees and these are given separately. Please note also that local charges (such as currency conversion fees, credit or bank card fees, sales tax, customs duty etc.) may apply depending on where you live and local regulations. Such charges are at your expense and will not be refunded by me.
6
Shipping and Delivery
6.1
To this Purchase Agreement the INCOTERMS, DDU (‘Delivered Duty Unpaid’) are applicable, unless agreed upon otherwise. Delivered Duty Unpaid is an international trade term indicating that the Seller is responsible for making a safe delivery of goods to a named destinationk paying all transportation expenses like transport insurance and assuming all risks during transportation. Once the goods arrive at the agreed-upon location, the buyer becomes responsible for paying occuring import duties as well as futher transport costs, like sending back the order when agreed upon.
6.2
Artworks in stock normally are sent by registered post within 3 working days but the expected delivery time may vary from country to country. In case of delay in delivery, we will inform you and continue to monitor the order.
6.3
Depending on the method of delivery you may be required to pick up the order at a specific delivery point (‘poste restante’ or ‘general delivery’). You are required to do so within the time specified in the notification of delivery. If you do not pick up the delivery in time you may be charged a fee and the order may be sent back to me at your expense.
7
Copyright
7.1
The transfer of ownership of an artwork does not convey the copyright that goes with it. It remains with me. You are neither allowed to make copies of that artwork except for private use nor to adapt it into another form.
7.2
No redistribution – for free or for benefit – of – printable to third parties is allowed. The The Purchaser is entitled to have it print out through third parties such as print shops for personal use only.
7.3
My website: https://www.corneakkers.com, hereafter: the ‘Website’ and all its content is owned by me or my licensors and protected by intellectual property and marketing legislation. This means that trademarks, company names, product names, images and graphics, design, layout and information on products, services and other content may not be copied or used without my prior written consent.
8
General Data Protection Regulation
8.1
Under the European Union regulation nr 2016/679, hereafter called: the ‘GDPR’, I hereby give you this privacy statement below, covering the production and sales of artworks as Seller and the offering of painting and drawing courses under the name ‘Corné Akkers’:
8.1.a.
I am responsible for the processing of personal data of Purchasers.
8.1.b
In the act of processing personal data I meet the requirements put by the GDPR, as put in section B hereafter.
9
Applicable Law
9.1
To all agreements and possible other legal relationships between the Buyer and me Dutch law exclusively is applicable, excluding the application of the ‘United Nations Convention on Contracts for the International Sale of Goods’.
9.2
The Court of The Hague, Netherlands in primo rules over legal disputes between parties.
B
Privacy statement Corné Akkers
Through this privacy statement I inform you about the way in which my business in the field of producing and selling art and arranging couses in the field of painting and drawing, processes, under the name ‘Corné Akkers’, hereafter called: ‘I’, your personal data. I am responsible for the processing of your personal data. Processing data I keep to the rules as put by the General Data Procection Regulation, hereafter called: ‘GDPR’. In this privacy statement I explain to you what personal data I do
collect and use for what purpose. I advise you to real deze carefully. This privacy statement has been last modified on the 23rd May 2018.
What data are processed?
I process data given by you or an intermediary, agent or wholesaler, such as but not restricted to: websites in the field of selling art or centres and/or natural persons facilitating art educations or mediate in them. As to this I collect and process the following personal data directly related to the course you have registrated or to the art work you purchased from me:
– Name, address, email, date of birth, telephone number(s), payment details
For what purposes your data will be processed?
I use your personal data for the following:
• Your registration as my student or purchaser of my art work.
• AAdministrative processing of the course chosen by you or art work purchased.
• To take care of the course or shipment you have chosen / handling of the art work purchased.
• To be able to respond to your questions during the course or following your artwork purchase.
• To comply with privacy laws and regulations regarding the GDPR.
Website and uses of coockies on www.corneakkers.com, hereafter called: ‘my website’.
On my website www.corneakkers.com, in no way privacy-sensitive data or personal data is processed or cookies stored on your computer system or smartphone.
Provision of data to third parties
Your data is expressly not provided to third parties. Social media buttons are placed on my website. The administrators of these services do collect your personal data. I have no control or influence in this
matter.
Security and storage period
I take security measures to prevent abuse of and unauthorized access to personal data. I keep your personal data both during and after the duration of the course, or after the purchase of the artwork and as long as the law prescribes. I use this data for statistical reasons only and will do so after the sale of a work of art has been completed or the course has ended, and will not use it for promotional purposes
(re-approach for a course or purchase).
Third party websites
This privacy statement does not apply to websites of third parties that are connected to my website by means of links. I cannot guarantee aforemeant third parties handle your personal data in a reliable or
secure manner. I advise you to read the privacy statements of these websites before using these websites.
Changes to this privacy statement
I reserve the right to make changes to this privacy statement. It is advisable to consult this statement regularly so that you are aware of these changes.
View and change your data
For questions about my privacy policy or questions for viewing, changing or deleting your personal data, please contact me.
