Terms & Conditions
We love fine prints, we’re just not very big fans of fine print. Unfortunately, a little fine print is inevitable, so here it goes…
The contractual partner and user of these Terms & Conditions is Arty-Shock, a label of Design Studio Pietje Precies BV, Chamber of Commerce registration number 33292049 , per address Roosendaalstraat 24, 1211 HW Hilversum, the Netherlands.
Our terms and conditions have been drafted to regulate the business relationship between you and us and are intended to be both binding and fair. The basis for any order or contract will therefore always be the following General Terms and Conditions of Design Studio Pietje Precies BV, and you acknowledge and confirm you are aware of them and agree to their application when you place an order with us. You can read the terms and conditions right here.
The following General Terms and Conditions in their most current version at the time of order shall exclusively govern the business relationship between Design Studio Pietje Precies BV, here acting under the brand Arty-Shock, and the orderer. Arty-Shock shall not recognize any differing terms set out by the orderer unless such conditions have been expressly agreed to by Arty-Shock in writing.
The display of products in the online shop does not constitute a legally binding offer; it is a non-binding online catalogue only. The products you have selected by pressing the “Add to basket” button are summarised again for you in an order overview at the end of the order process. Here you can review the various information provided during the order process and add to or correct it by clicking the “Change” button. By clicking the button “Buy now”, you send your order details and make a binding declaration to Arty-Shock that you want to purchase the products listed there (Offer). We automatically accept your offer upon receipt of your order payment. Directly after sending the order, you will receive an email with an order and contract conformation, in which the details of your order are listed again.
Your order details are saved by us and upon request can be sent to you after completion of your order. For your own protection, Arty-Shock recommends printing out the order details and the General Terms and Conditions applicable at the time of order. The contractual language is English.
Please note that we sell all products in limited editions and/or small quantities only.
Please note that sales are final for any works purchased online by you, as these pieces are to be produced made-to-order to your individual specifications. You have the right of cancellation for all online orders by notifying us of your decision to cancel within 24 hours after your purchase has been made, in a clear, written statement per e-mail to firstname.lastname@example.org.
Should you cancel the sale, we are to refund all payments received from you promptly – at the latest, within 14 days of our receipt of the statement indicating your cancellation. Refunds will be credited back to the original payment method, unless otherwise expressly agreed upon.
Unless agreed otherwise, delivery will be ex warehouse to your address or to the delivery address specified by you. The delivery time is approx. 10 workdays for orders within the EU. For orders outside of the EU, the delivery time will be specified per specific order.
Certificate of Authentication
Each ordered Arty-Shock will be delivered with a Certificate of Authentication with details of the numbered edition. For organizational reasons, Arty-Shock may also send the Certificate separately.
The prices stated in the online shop are final prices including sales taxes. Shipping costs and credit card fees are not included in the price and are added to it in each case. Information about shipping costs is contained in the ‘Shipping’ Section of these Terms and Conditions. You can pay via PayPal, credit card (Visa, Mastercard, American Express) or Ideal (in the Netherlands only).
In the case an online Arty-Shock purchase cannot be completed due to causes that originate from the orderer (e.g. the account of the orderer lacks sufficient funds), the purchase is considered as ‘non-existent’ by Arty-Shock and orderer cannot make any claim on the Arty-Shock products that were intended to be bought.
Offsetting and retention
You only have the right to offset if your counterclaims are legally upheld or are acknowledged by Arty-Shock. You also have the right to offset in case of defects or assert counterclaims under the same purchase contract. In addition, you are only authorised to exercise the right of retention to the extent that your counterclaim is based on the same contractual relationship.
Within the scope of statutory provisions, Arty-Shock is liable for damages without restriction:
(a) relating to loss of life, physical injury or damage to health which is due to willful or negligent breach of duty or is otherwise due to willful or negligent conduct by Arty-Shock or one of its legal representatives or vicarious agents;
(b) which is due to wilful or negligent breach of duty or is otherwise due to wilful or grossly negligent conduct by the provider or one of its legal representatives or vicarious agents;
The liability of Arty-Shock shall be limited to compensation for foreseeable loss or damage typical for the contract caused due to slightly negligent breaches of material duties by Arty-Shock or one of its legal representatives or vicarious agents. Material duties are duties whose fulfilment is a prerequisite for proper implementation of the contract and whose observance the orderer may rely on. The above provisions shall apply accordingly to the liability of Arty-Shock in respect of reimbursing futile costs. Liability under the EU Product Liability Act shall remain unaffected.
Unless expressly agreed otherwise, statutory warranty rights shall apply, with a warranty period of 2 years. This shall start upon delivery of the goods to you. During this 2 year period, all defects subject to statutory warranty obligations shall be corrected free of charge.
A warranty claims due to defects require you to have fulfilled your statutory duties of inspection and complaint. If a defect is discovered during inspection, we must be advised of this within 2 weeks after delivery of the goods to you. Irrespective of this duty of inspection and complaint, you must report obvious defects (including incorrect or short deliveries) in writing within 2 weeks of delivery. If you fail to perform a proper inspect and/or notify us of the defect, our liability for the unreported defect is excluded.
We would like to point out that artworks are always dependent on environmental influences; their appearance and colour can change and fade. To ensure you keep enjoying our works of art, you should not expose them to direct sunlight, hang them directly above heating appliances or expose them to a higher level of humidity than expected in a normal living room. Arty-Shocks are therefore not suitable for external areas, cellars, bathrooms or kitchens. Arty-Shocks are very sensitive to scratches and dirt and should therefore only be handled with gloves or equivalent protection.
No granting of rights
By buying an Arty-Shock product, you are only acquiring material ownership of the print. No other rights are granted or implied. Any reproduction (copying), dissemination, leasing, public exhibition or other analogue or digital use is not permitted unless authorised by law. However, you can resell the print. But why would you?
Collecting, processing and using personal data
All provisions regarding the protection of your data can be found in our privacy statement.
Dutch law shall apply.
Last update: 01.10.2018