Privacy Policy

Privacy Policy

Who are we?

Our site address is: https://ac-avenue.com

What we do with our customers’ personal data

Arts & Crafts Avenue is a website with a blog and a web shop about and with art, decorations, DIYs and digital designs. In order to be able to perform our activities properly, it is sometimes necessary to process your personal data. We always do this carefully and in accordance with the law and the following basic principles:

  • We always tell you what we do with your data and ensure that you can exercise your rights;
  • We only use the data for the purpose for which we collected it (such as for processing your online order, relationship management, customer administration, service and marketing);
  • We do not collect, use and store more data than we need to achieve the purpose for which we obtained the data;
  • We only collect, use and store data when there is no other way to achieve the same goal;
  • The more privacy-sensitive the information about you, the less we use the data;
  • We only use the data to the extent that there is a ground for doing so by law;
  • We take appropriate security measures against loss of or unauthorized access to personal data;
  • We have taken measures to facilitate the exercise of your rights (such as your right of access and correction).

In this Privacy Statement we describe which data we process about you, how we do this and what rights you have. We sometimes adjust the Privacy Statement, for example because of changes in law. You will find the current version of the Privacy Statement on our website www.ac-avenue.com.

The parties processing you personal data

The one-man business Arts & Crafts Avenue (registered under number 78212332 in the trade register of the Chamber of Commerce), located in Nootdorp on the Laan van ‘s-Gravenhout, is responsible for the processing of personal data. The Arts & Crafts Avenue telephone number is 06-46100515 and the email address isinfo@ac-avenue.com

Arts & Crafts Avenue uses different systems for the processing of your personal data and it is possible that the suppliers of those systems also process your personal data as a result, of course with due observance of the guarantees of the applicable laws and regulations and if required on the basis of a processor agreement. (see also the heading “Engaging third parties” below).

Arts & Crafts Avenue has made agreements with these parties so that there are sufficient guarantees for the careful processing of your personal data, in accordance with the law and the internal privacy policy of Arts & Crafts Avenue and this Privacy Statement.

Under this Privacy Statement you will find an overview of the service providers with which Arts & Crafts Avenue collaborates for the benefit of its services.

What data do we process?

We collect, use and share different types of personal data. We obtain some information from you and others through other channels. We only process special personal data if the conditions stated in the law are met. We may, among other things, collect the personal data mentioned on the right if and insofar as this data is necessary to achieve the purpose for which we collected the data. The examples mentioned are not exhaustive. We may also process similar information.

We process the following personal data of customers:

  • Contact information of the customer or his legal representative (s) (such as name, (residential) address, e-mail address, telephone number and bank account number);

We process the following personal data of website visitors:

  • Information entered in the contact form (first name and e-mail address);
  • Information entered in the newsletter form (email address)
  • Log files about website visits (IP address).

The processing of this data is necessary if you use our services, because we cannot provide our services properly without this data.

Purposes of the processing and further use

If we want to process personal data for a different purpose that is not related to one of the purposes mentioned opposite, we will always inform you about this, for example by adjusting the Privacy Statement or a message on our website or a personal message to you.

We process personal data to be able to do our activities as well as possible and to carry out an assignment for you.

These goals include the following activities related to the main goals:

  • Sales and services to customers and customer administration
    Arts & Crafts Avenue primarily processes your personal data in order to be able to deliver our products and services to you. We use this information, for example, to send an invoice and maintain our relationship with you. We also use the data to answer an information request or to process your order.
  • Engaging third parties
    Arts & Crafts Avenue can engage third parties in the performance of its services. Insofar as these third parties have access to personal data when performing the relevant services, Arts & Crafts Avenue has taken the required contractual and organizational measures to ensure that your data only complies with applicable laws and regulations on the basis of any required processing agreement. and processed for the purposes stated in this Privacy Statement.
  • Marketing and sales activities and relationship management
    We are happy to make offers for our products and services to our customers. We do this by telephone, e-mail or post, unless you object.
  • Processing of your data on the Arts & Crafts Avenue website
    We collect and use your personal data on our Websites in the first place to be able to provide our (web) services to you and to communicate with you. We also use the data to process your order and have it delivered to the right place. Your data will also be used for research and analysis, with the aim of improving our services and our website. We can also use your data on our websites to be able to send (commercial) information by e-mail about other Arts & Crafts Avenue services in certain cases, provided you have given permission for this. The personal data is also used in the context of the management of the website, including the collection of statistical data about website visits and the improvement of the functioning of our website.
  • Comments:
    When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.
    An anonymized string, created from your email address (also called a hash) can be sent to the Gravatar service if you use it. The privacy policy page can be found here: https://automattic.com/privacy/. After your comment has been approved, your profile picture will be publicly visible in the context of your comment.

The Legal basis for using your personal data

We may use your personal data because and insofar as this is necessary for:

  • The execution of our agreement with you;
  • Compliance with a legal obligation that rests on Arts & Crafts Avenue;
  • To promote the legitimate interest of Arts & Crafts Avenue or third parties (insofar as this overrides your privacy interest). That legitimate interest is the interest of Arts & Crafts Avenue to be able to offer its services to its relations as efficiently as possible.

In some cases we may only process your data if you have given permission for this. You can withdraw that consent at any time.

Our Contact information

Email address: info@ac-avenue.com

 

Terms & Conditions

Definitions

  1. Arts & Crafts Avenue: Arts & Crafts Avenue, located in Nootdorp under Chamber of Commerce no. 78212332.
  2. Customer: the person with whom Arts & Crafts Avenue has entered into an agreement.
  3. Parties: Arts & Crafts Avenue and customer together.

Applicability of general terms and conditions

  1. These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Arts & Crafts Avenue.
  2. Parties can only deviate from these terms and conditions if they have explicitly agreed to do so in writing.
  3. The parties explicitly exclude the applicability of additional and / or deviating general terms and conditions of the customer or third parties.

Offers and quotations

  1. Offers and quotations from Arts & Crafts Avenue are without obligation, unless explicitly stated otherwise therein.
  2. An offer or quotation is valid for a maximum of 2 weeks, unless a different acceptance period is stated in the offer or quotation.
  3. If the customer does not accept an offer or quotation within the applicable term, the offer or quotation will lapse.
  4. Offers and quotations do not apply to repeat orders, unless the parties have agreed explicitly and in writing.

Acceptance

  1. Upon acceptance of a quotation or offer without obligation, Arts & Crafts Avenue reserves the right to withdraw the quotation or offer within 3 days after receipt of the acceptance, without the customer being able to derive any rights from this.
  2. Verbal acceptance of the customer only binds Arts & Crafts Avenue after the customer has confirmed this in writing (or electronically).

Prices

  1. All prices that Arts & Crafts Avenue uses are in euros, are exclusive of VAT and exclusive of any other costs such as administration costs, levies and travel, shipping or transport costs, unless explicitly stated otherwise or agreed otherwise.
  2. All prices that Arts & Crafts Avenue uses for its products or services, on its website or that are otherwise stated, may be changed by Arts & Crafts Avenue at any time.
  3. Increases in the cost prices of products or parts thereof, which Arts & Crafts Avenue could not foresee at the time of making the offer or the conclusion of the agreement, may give rise to price increases.
  4. The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.

Consequences not paying on time

  1. If the customer does not pay within the agreed term, Arts & Crafts Avenue is entitled to charge interest of 1% per month from the day that the customer is in default, whereby part of a month becomes a whole month. calculated.
  2. When the customer is in default, he is also due extrajudicial collection costs and any compensation to Arts & Crafts Avenue.
  3. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
  4. If the customer does not pay on time, Arts & Crafts Avenue may suspend its obligations until the customer has fulfilled his payment obligation.
  5. In the event of liquidation, bankruptcy, seizure or moratorium on the part of the customer, the claims of Arts & Crafts Avenue on the customer are immediately due and payable.
  6. If the customer refuses to cooperate with the execution of the agreement by Arts & Crafts Avenue, he is still obliged to pay the agreed price to Arts & Crafts Avenue.

Right of Complaint

  1. As soon as the customer is in default, Arts & Crafts Avenue is entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer.
  2. Arts & Crafts Avenue invokes the right of complaint by means of a written or electronic communication.
  3. As soon as the customer has been informed of the invoked right of complaint, the customer must immediately return the products to which this right relates to Arts & Crafts Avenue, unless the parties make other agreements about this.
  4. The costs for the return or return of the products are for the account of the customer.

Right of suspension

Unless the customer is a consumer, the customer waives the right to suspend performance of any obligation arising from this agreement.

Right of retention

  1. Arts & Crafts Avenue can invoke its right of retention and in that case retain the customer’s products until the customer has paid all outstanding invoices with regard to Arts & Crafts Avenue, unless the customer has sufficient security for those costs. has stated.
  2. The right of retention also applies on the basis of previous agreements from which the customer still owes payments to Arts & Crafts Avenue.

Arts & Crafts Avenue is never liable for any damage that the customer may suffer as a result of making use of his right of retention.

Settlement

Unless the customer is a consumer, the customer waives his right to set off a debt owed to Arts & Crafts Avenue against a claim on Arts & Crafts Avenue.

Retention of title

  1. Arts & Crafts Avenue remains the owner of all products delivered until the customer has fully complied with all his payment obligations towards Arts & Crafts Avenue under any agreement concluded with Arts & Crafts Avenue, including claims regarding the failure to perform.
  2. Until then, Arts & Crafts Avenue can invoke its retention of title and take back the goods.
  3. Before ownership has passed to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
  4. If Arts & Crafts Avenue invokes its retention of title, the agreement will be deemed dissolved and Arts & Crafts Avenue has the right to claim compensation, lost profit and interest.

Delivery time

  1. The delivery times stated by Arts & Crafts Avenue are indicative and do not entitle the customer to dissolution or compensation if they are exceeded, unless the parties have explicitly agreed otherwise in writing.
  2. The delivery time commences after the quotation to Arts & Crafts Avenue signed by the customer for approval has been confirmed by Arts & Crafts Avenue to the customer in writing or electronically.
  3. Exceeding the specified delivery time does not entitle the customer to compensation or the right to terminate the agreement, unless Arts & Crafts Avenue cannot deliver within 14 days after being reminded in writing or the parties have agreed otherwise.

Disclaimer

The customer indemnifies Arts & Crafts Avenue against all claims from third parties related to the products and / or services delivered by Arts & Crafts Avenue.

Complaints

  1. The customer must examine a product or service provided by Arts & Crafts Avenue as soon as possible for any 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 Arts & Crafts Avenue of this as soon as possible, but in any case within 1 month after discovery of the shortcomings. to set.
  3. In doing so, the customer provides a description of the shortcoming that is as detailed as possible, so that Arts & Crafts Avenue is able to respond adequately.
  4. The customer must demonstrate that the complaint relates to an agreement between the parties.
  5. If a complaint relates to ongoing activities, this cannot in any case lead to Arts & Crafts Avenue being obliged to perform other activities than agreed.

Notice of default

  1. The customer must give notice of default to Arts & Crafts Avenue in writing.
  2. It is the responsibility of the customer that a notice of default actually reaches Arts & Crafts Avenue (on time).

Joint and several liability of the customer

If Arts & Crafts Avenue enters into an agreement with several customers, each of them is jointly and severally liable for the full amounts that they owe to Arts & Crafts Avenue under that agreement.

Liability Arts & Crafts Avenue

  1. Arts & Crafts Avenue is only liable for any damage suffered by the customer if and insofar as such damage is caused by intent or deliberate recklessness.
  2. If Arts & Crafts Avenue is liable for any damage, it is only liable for direct damage arising from or related to the performance of an agreement.
  3. Arts & Crafts Avenue is never liable for indirect damage, such as consequential damage, lost profit, missed savings or damage to third parties.
  4. If Arts & Crafts Avenue is liable, this liability is limited to the amount that is paid out by a concluded (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of) the) invoice amount to which the liability relates.
  5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and / or (partial) dissolution of the agreement and / or suspension of any commitment.

Expiration period

Any right of the customer to compensation from Arts & Crafts Avenue lapses in any case 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.

Right to cancel

  1. The customer has the right to dissolve the agreement if Arts & Crafts Avenue imputably fails to fulfill its obligations, unless this shortcoming does not justify termination in view of its special nature or minor significance.
  2. If the fulfillment of the obligations by Arts & Crafts Avenue is not permanently or temporarily impossible, dissolution can only take place after Arts & Crafts Avenue is in default.
  3. Arts & Crafts Avenue has the right to dissolve the agreement with the customer if the customer does not fully or not timely fulfill his obligations under the agreement, or if Arts & Crafts Avenue has taken note of circumstances that give it good grounds to fear that the customer will not be able to properly fulfill his obligations.

Force of the majority

  1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure on the part of Arts & Crafts Avenue in the fulfillment of any obligation towards the customer cannot be attributed to Arts & Crafts Avenue in any of the will of Arts & Crafts Avenue independent situation, as a result of which the fulfillment of his obligations towards the customer is wholly or partially prevented or as a result of which the fulfillment of his obligations cannot reasonably be expected from Arts & Crafts Avenue.
  2. The force majeure situation referred to in paragraph 1 also includes – but is not limited to -: a state of emergency (such as civil war, uprising, riots, natural disasters, etc.); defaults and force majeure on the part of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transportation problems, bad weather conditions and work stoppages.
  3. If a force majeure situation arises as a result of which Arts & Crafts Avenue cannot fulfill one or more obligations towards the customer, then those obligations will be suspended until Arts & Crafts Avenue can meet them again.
  4. From the moment that a force majeure situation has lasted for at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
  5. Arts & Crafts Avenue does not owe any (damage) compensation in a force majeure situation, even if it enjoys any advantage as a result of the force majeure situation.

Amendments to the agreement

If, after the conclusion of the agreement for its implementation, it appears necessary to change or supplement its content, the parties will adjust the agreement accordingly in good time and in mutual consultation.

Changes to general terms and conditions

  1. Arts & Crafts Avenue is entitled to amend or supplement these general terms and conditions.
  2. Changes of minor importance can be made at any time.
  3. Arts & Crafts Avenue will discuss major substantive changes with the customer as much as possible in advance.
  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. Rights of the customer under an agreement between the parties cannot be transferred to third parties without the prior written consent of Arts & Crafts Avenue.
  2. This provision applies as a clause with property law effect as referred to in Section 3:83, subsection 2, of the Dutch Civil Code.

Consequences of nullity or voidability

  1. If one or more provisions of these general terms and conditions turn out to be invalid or voidable, this will not affect the other provisions of these terms and conditions.
  2. A provision that is void or voidable will in that case be replaced by a provision that comes closest to what Arts & Crafts Avenue had in mind when drawing up the conditions on that point.

Applicable law and competent court

  1. Dutch law is exclusively applicable to every agreement between the parties.
  2. The Dutch court in the district where Arts & Crafts Avenue is located / has a practice / office has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise.

 

Parties with access to your personal data

  • Only Arts & Crafts Avenue employees who need the personal data to perform their work have direct access to your data in the Arts & Crafts Avenue systems.
  • If other parties also provide access to your data, we will only do so if we are sure that that third party will only use the data in a way and for a purpose that is related to the purpose for which the data was obtained, and only in accordance with this. Privacy declaration. Furthermore, the confidentiality obligations and security measures required by law always apply to prevent your personal data from being disclosed to other parties.
  • In some cases, we must also provide data to third parties due to a legal obligation. We always look at how we can respect your right to privacy as much as possible.

How long do we store your personal data?

We do not store data longer than is necessary for the performance of our activities, unless we have to keep your data longer due to a statutory regulation. How long certain data is kept depends on the nature of the data and the purposes for which they are processed. The retention period can therefore differ per use.

When you leave a comment, the comment and its metadata will be retained indefinitely. This way we can automatically recognize and approve follow-up comments instead of having to moderate them.

For users who register on our site (if any), we also store the personal information they provide in their user profile. All users can view, edit or delete their personal information at any time (except they cannot change their username). Site administrators can also view and edit this information.

The security of your personal data

  • We take all reasonable, appropriate security measures to protect Arts & Crafts Avenue and our relations against unauthorized access or alteration, disclosure or destruction of personal data. We comply with the applicable security standards.
  • If, despite the security measures, there is nevertheless a security incident that is likely to adversely affect your privacy, we will inform you about the incident as soon as possible. We will therefore inform you about the measures we have taken to limit the consequences and prevent recurrence in the future.

Your right regarding the use of your personal data (and how to exercise them)

  • You can object to the use of your personal data, for example if you believe that the use of your personal data is not necessary for the performance of our activities or to comply with a legal obligation.
  • You have the right to inspect your personal data. This means that you can request which of your personal data has been registered and for what purposes that data is used.
  • If you believe that we have incorrect personal data about you, you can have this personal data corrected. You can also ask us to limit the processing of your personal data, including for the period that we need to assess your requests and / or objections.
  • You can also ask us to delete your personal data from our systems.
    You can also ask us to ensure that your personal data is transferred to another party.
  • We will comply with your request, unless we have a compelling, legitimate interest not to delete the data, which outweighs your privacy interest. If we have deleted the data, we will not be able to immediately delete all copies of the data from our systems and backup systems for technical reasons. We may refuse to comply with the aforementioned requests if they are made unreasonably often, require unreasonably strenuous technical efforts or have unreasonably severe technical consequences for our systems or endanger the privacy of others.
  • You can make the aforementioned requests or object by sending a message, including your name, address, telephone number and a copy of a valid ID, to info@ac-avenue.com Do not forget to include your BSN on the copy of the proof of identity illegible before you send it. You will receive an answer within a month.
  • You can also submit a complaint about the use of your personal data. This is possible at the Dutch Data Protection Authority https://autoriteitpersoonsgegevens.nl/nl/zelf-doen/privacyrechten/klacht-over-gebruik-persoonsgegevens?qa=klacht 

Service providers overview

Web store software

WooCommerce

Our webshop has been developed with software from WooCommerce, we have chosen Hostnet for our web hosting. Personal data that you make available to us for the benefit of our services will be shared with this party. Hostnet has access to your data to provide us (technical) support, they will never use your data for any other purpose. Hostnet is obliged to take appropriate security measures on the basis of the agreement we have concluded with them. These security measures consist of the application of SSL encryption and a strong password policy. Regular backups are made to prevent data loss.

Web hosting

Hostnet

We purchase web hosting and email services from Hostnet. Hostnet processes personal data on our behalf and does not use your data for its own purposes. However, this party can collect metadata about the use of the services. These are not personal data. Hostnet has taken appropriate technical and organizational measures to prevent loss and unauthorized use of your personal data. Hostnet is obliged to observe secrecy on the basis of the agreement.

E-mail and mailing lists

MailChimp

Our website uses MailChimp, a third party that handles the e-mail traffic from our website and the sending of any newsletters. All confirmation emails you receive from our website and web forms are sent through MailChimp’s servers. MailChimp will never use your name and e-mail address for its own purposes. You will see the “unsubscribe” link at the bottom of every e-mail that is automatically sent via our website. If you click on this, you will no longer receive e-mail from our website. This can seriously reduce the functionality of our website! Your personal data is stored securely by MailChimp. MailChimp uses cookies and other internet technologies that provide insight into whether emails are opened and read. MailChimp reserves the right to use your data to further improve the service and to share information with third parties in this context.

Payment processors

Mollie 

We use the Mollie platform to handle (part of) the payments in our webshop. Mollie processes your name, address and residence details and your payment details such as your bank account or credit card number. Mollie has taken appropriate technical and organizational measures to protect your personal data. Mollie reserves the right to use your data to further improve the service and to share (anonymized) data with third parties. All the above mentioned safeguards with regard to the protection of your personal data also apply to the parts of Mollie’s services for which they engage third parties. Mollie does not store your data longer than permitted by the legal terms.

Shipping Companies

DHL / PostNL

If you place an order with us, it is our job to have your package delivered to you. We use the services of DHL and PostNL to carry out the deliveries. It is therefore necessary that we share your name, address and residence details with DHL and PostNL. DHL and PostNL only uses this information for the purpose of executing the agreement. In the event that DHL and PostNL engages subcontractors, DHL and PostNL will also make your data available to these parties.

Embedded content from other websites

Messages on this site may contain embedded (embedded) content (e.g. videos, images, messages, etc.). Embedded content from other websites behaves exactly the same as if the visitor had visited this other website.

These websites may collect data about you, use cookies, embed additional third-party tracking and monitor your interaction with this embedded content, including the interaction with embedded content if you have an account and are logged in to that website.

Our Contact information

Email address: info@ac-avenue.com

 

Terms & Conditions

Definitions

  1. Arts & Crafts Avenue: Arts & Crafts Avenue, located in Nootdorp under Chamber of Commerce no. 78212332.
  2. Customer: the person with whom Arts & Crafts Avenue has entered into an agreement.
  3. Parties: Arts & Crafts Avenue and customer together.

Applicability of general terms and conditions

  1. These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Arts & Crafts Avenue.
  2. Parties can only deviate from these terms and conditions if they have explicitly agreed to do so in writing.
  3. The parties explicitly exclude the applicability of additional and / or deviating general terms and conditions of the customer or third parties.

Offers and quotations

  1. Offers and quotations from Arts & Crafts Avenue are without obligation, unless explicitly stated otherwise therein.
  2. An offer or quotation is valid for a maximum of 2 weeks, unless a different acceptance period is stated in the offer or quotation.
  3. If the customer does not accept an offer or quotation within the applicable term, the offer or quotation will lapse.
  4. Offers and quotations do not apply to repeat orders, unless the parties have agreed explicitly and in writing.

Acceptance

  1. Upon acceptance of a quotation or offer without obligation, Arts & Crafts Avenue reserves the right to withdraw the quotation or offer within 3 days after receipt of the acceptance, without the customer being able to derive any rights from this.
  2. Verbal acceptance of the customer only binds Arts & Crafts Avenue after the customer has confirmed this in writing (or electronically).

Prices

  1. All prices that Arts & Crafts Avenue uses are in euros, are exclusive of VAT and exclusive of any other costs such as administration costs, levies and travel, shipping or transport costs, unless explicitly stated otherwise or agreed otherwise.
  2. All prices that Arts & Crafts Avenue uses for its products or services, on its website or that are otherwise stated, may be changed by Arts & Crafts Avenue at any time.
  3. Increases in the cost prices of products or parts thereof, which Arts & Crafts Avenue could not foresee at the time of making the offer or the conclusion of the agreement, may give rise to price increases.
  4. The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.

Consequences not paying on time

  1. If the customer does not pay within the agreed term, Arts & Crafts Avenue is entitled to charge interest of 1% per month from the day that the customer is in default, whereby part of a month becomes a whole month. calculated.
  2. When the customer is in default, he is also due extrajudicial collection costs and any compensation to Arts & Crafts Avenue.
  3. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
  4. If the customer does not pay on time, Arts & Crafts Avenue may suspend its obligations until the customer has fulfilled his payment obligation.
  5. In the event of liquidation, bankruptcy, seizure or moratorium on the part of the customer, the claims of Arts & Crafts Avenue on the customer are immediately due and payable.
  6. If the customer refuses to cooperate with the execution of the agreement by Arts & Crafts Avenue, he is still obliged to pay the agreed price to Arts & Crafts Avenue.

Right of Complaint

  1. As soon as the customer is in default, Arts & Crafts Avenue is entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer.
  2. Arts & Crafts Avenue invokes the right of complaint by means of a written or electronic communication.
  3. As soon as the customer has been informed of the invoked right of complaint, the customer must immediately return the products to which this right relates to Arts & Crafts Avenue, unless the parties make other agreements about this.
  4. The costs for the return or return of the products are for the account of the customer.

Right of suspension

Unless the customer is a consumer, the customer waives the right to suspend performance of any obligation arising from this agreement.

Right of retention

  1. Arts & Crafts Avenue can invoke its right of retention and in that case retain the customer’s products until the customer has paid all outstanding invoices with regard to Arts & Crafts Avenue, unless the customer has sufficient security for those costs. has stated.
  2. The right of retention also applies on the basis of previous agreements from which the customer still owes payments to Arts & Crafts Avenue.

Arts & Crafts Avenue is never liable for any damage that the customer may suffer as a result of making use of his right of retention.

Settlement

Unless the customer is a consumer, the customer waives his right to set off a debt owed to Arts & Crafts Avenue against a claim on Arts & Crafts Avenue.

Retention of title

  1. Arts & Crafts Avenue remains the owner of all products delivered until the customer has fully complied with all his payment obligations towards Arts & Crafts Avenue under any agreement concluded with Arts & Crafts Avenue, including claims regarding the failure to perform.
  2. Until then, Arts & Crafts Avenue can invoke its retention of title and take back the goods.
  3. Before ownership has passed to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
  4. If Arts & Crafts Avenue invokes its retention of title, the agreement will be deemed dissolved and Arts & Crafts Avenue has the right to claim compensation, lost profit and interest.

Delivery time

  1. The delivery times stated by Arts & Crafts Avenue are indicative and do not entitle the customer to dissolution or compensation if they are exceeded, unless the parties have explicitly agreed otherwise in writing.
  2. The delivery time commences after the quotation to Arts & Crafts Avenue signed by the customer for approval has been confirmed by Arts & Crafts Avenue to the customer in writing or electronically.
  3. Exceeding the specified delivery time does not entitle the customer to compensation or the right to terminate the agreement, unless Arts & Crafts Avenue cannot deliver within 14 days after being reminded in writing or the parties have agreed otherwise.

Disclaimer

The customer indemnifies Arts & Crafts Avenue against all claims from third parties related to the products and / or services delivered by Arts & Crafts Avenue.

Complaints

  1. The customer must examine a product or service provided by Arts & Crafts Avenue as soon as possible for any 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 Arts & Crafts Avenue of this as soon as possible, but in any case within 1 month after discovery of the shortcomings. to set.
  3. In doing so, the customer provides a description of the shortcoming that is as detailed as possible, so that Arts & Crafts Avenue is able to respond adequately.
  4. The customer must demonstrate that the complaint relates to an agreement between the parties.
  5. If a complaint relates to ongoing activities, this cannot in any case lead to Arts & Crafts Avenue being obliged to perform other activities than agreed.

Notice of default

  1. The customer must give notice of default to Arts & Crafts Avenue in writing.
  2. It is the responsibility of the customer that a notice of default actually reaches Arts & Crafts Avenue (on time).

Joint and several liability of the customer

If Arts & Crafts Avenue enters into an agreement with several customers, each of them is jointly and severally liable for the full amounts that they owe to Arts & Crafts Avenue under that agreement.

Liability Arts & Crafts Avenue

  1. Arts & Crafts Avenue is only liable for any damage suffered by the customer if and insofar as such damage is caused by intent or deliberate recklessness.
  2. If Arts & Crafts Avenue is liable for any damage, it is only liable for direct damage arising from or related to the performance of an agreement.
  3. Arts & Crafts Avenue is never liable for indirect damage, such as consequential damage, lost profit, missed savings or damage to third parties.
  4. If Arts & Crafts Avenue is liable, this liability is limited to the amount that is paid out by a concluded (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of) the) invoice amount to which the liability relates.
  5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and / or (partial) dissolution of the agreement and / or suspension of any commitment.

Expiration period

Any right of the customer to compensation from Arts & Crafts Avenue lapses in any case 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.

Right to cancel

  1. The customer has the right to dissolve the agreement if Arts & Crafts Avenue imputably fails to fulfill its obligations, unless this shortcoming does not justify termination in view of its special nature or minor significance.
  2. If the fulfillment of the obligations by Arts & Crafts Avenue is not permanently or temporarily impossible, dissolution can only take place after Arts & Crafts Avenue is in default.
  3. Arts & Crafts Avenue has the right to dissolve the agreement with the customer if the customer does not fully or not timely fulfill his obligations under the agreement, or if Arts & Crafts Avenue has taken note of circumstances that give it good grounds to fear that the customer will not be able to properly fulfill his obligations.

Force of the majority

  1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure on the part of Arts & Crafts Avenue in the fulfillment of any obligation towards the customer cannot be attributed to Arts & Crafts Avenue in any of the will of Arts & Crafts Avenue independent situation, as a result of which the fulfillment of his obligations towards the customer is wholly or partially prevented or as a result of which the fulfillment of his obligations cannot reasonably be expected from Arts & Crafts Avenue.
  2. The force majeure situation referred to in paragraph 1 also includes – but is not limited to -: a state of emergency (such as civil war, uprising, riots, natural disasters, etc.); defaults and force majeure on the part of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transportation problems, bad weather conditions and work stoppages.
  3. If a force majeure situation arises as a result of which Arts & Crafts Avenue cannot fulfill one or more obligations towards the customer, then those obligations will be suspended until Arts & Crafts Avenue can meet them again.
  4. From the moment that a force majeure situation has lasted for at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
  5. Arts & Crafts Avenue does not owe any (damage) compensation in a force majeure situation, even if it enjoys any advantage as a result of the force majeure situation.

Amendments to the agreement

If, after the conclusion of the agreement for its implementation, it appears necessary to change or supplement its content, the parties will adjust the agreement accordingly in good time and in mutual consultation.

Changes to general terms and conditions

  1. Arts & Crafts Avenue is entitled to amend or supplement these general terms and conditions.
  2. Changes of minor importance can be made at any time.
  3. Arts & Crafts Avenue will discuss major substantive changes with the customer as much as possible in advance.
  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. Rights of the customer under an agreement between the parties cannot be transferred to third parties without the prior written consent of Arts & Crafts Avenue.
  2. This provision applies as a clause with property law effect as referred to in Section 3:83, subsection 2, of the Dutch Civil Code.

Consequences of nullity or voidability

  1. If one or more provisions of these general terms and conditions turn out to be invalid or voidable, this will not affect the other provisions of these terms and conditions.
  2. A provision that is void or voidable will in that case be replaced by a provision that comes closest to what Arts & Crafts Avenue had in mind when drawing up the conditions on that point.

Applicable law and competent court

  1. Dutch law is exclusively applicable to every agreement between the parties.
  2. The Dutch court in the district where Arts & Crafts Avenue is located / has a practice / office has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise.

 

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