Terms and conditions: (valid for sales made at PontArte, online)
Orders:
All orders are binding when confirmed by PontArte and payment has been received by PontArte.
Payments:
Payments are processed online trough PayPal or, in case of a non-internet sale in the gallery or by Bank transfer
Shipment:
Works are shipped fully insured by PontArte. In case the work doesn’t arrive well, contact us directly and take photos of any damage at the moment you receive the work. Also inform the shipping company that you can’t accept the work due to the damage, write this on the documentation from the shipping company. All claims must be done within 3 days of receiving of the artwork to marieke@pontarte.com
Thanks buying a work through our website
If you are not entirely satisfied with your purchase, we’re here to help.
Returns
You have 14 calendar days to return an item from the date you received it.
To be eligible for a return, your item must be undamaged and in the same condition that you received it.
Your item must be in the original packaging.
Your item needs to have the receipt or proof of purchase.
Refunds
Once we receive your item, we will inspect it and notify you that we have received your returned
item. We will immediately notify you on the status of your refund after inspecting the item.
If your return is approved, we will initiate a refund to you original method of payment.
You will receive the credit within a certain amount of days, depending on your banks’ policies.
Shipping
You will be responsible for paying for your own shipping and insurance costs for returning your item. Shipping costs are non-refundable.
If you receive a refund, the cost of initial shipping will be deducted from your refund.
Contact Us
If you have any questions on how to return your item to us, contact us.
PONTARTE
Kapoenstraat 29
6211 KV Maastricht, NL
marieke@pontarte.com
+31 (0)6 37 40 34 99
Chamber of commerce registration nr: KvK 70179972
VAT Nr: BTW NL858177419B01
Terms and Conditions
These Terms and Conditions of PontArte Webshop contain important information for you as a customer. Please read these terms and conditions carefully. We also recommend that you download these terms on your computer or print them, so that you can access them at a later time if needed.
- Definitions
1.1. Terms: These Terms and Conditions of PontArte Webshop.
1.2. PontArte VOF registered with the Chamber of Commerce under number 70179972, VAT number NL858177419B01. The office address of PontArte is Kapoenstraat 29, 6211 KV Maastricht, NL
1.3. Webshop: consult the webshop of PontArte, through www.pontarte.com
1.4.Customer: the natural or legal person who enters into an Agreement with PontArte by means of the Webshop. Customer acts either as a private individual, either on behalf of a company or professional entity.
1.5. Agreement: Any understanding or agreement between PontArte and the Customer concluded from a distance. The Terms are an integral part of the Agreement. These Terms do not apply to purchases in the physical retail store operated by PontArte.
- Communication
2.1. Should you have any questions or comments with regard to PontArte Webshop, please send an e-mail to marieke@pontarte.com. You can also send a letter by regular mail to the postal address mentioned in Article 1, clearly indicating your name, address and telephone number.
- Applicability of these Terms
3.1. The Terms apply to all offers, Agreements and deliveries by PontArte, unless the parties have expressly agreed otherwise in writing.
3.2. Deviating conditions from the Customer are rejected, unless PontArte expressly accepts such conditions in writing before the order date.
- Prices and Information
4.1. All prices mentioned on the Webshop and other materials derived from PontArte include tax as well as any government levies, unless otherwise stated.
4.2. The actual shipping costs within and outside of the Netherlands will be provided by PontArte. The amount of shipping costs payable by the Customer will be displayed in the order process in the shopping basket screen.
4.3. Although the content of the Webshop is selected with due care, PontArte cannot guarantee that all information on the webshop is at all times correct and complete. All prices and other information on the Webshop and other materials originating from PontArte are subject to obvious programming errors and typos.
- Conclusion of the Agreement
5.1. The Agreement is concluded at the moment the Customer accepts the offer of PontArte, which is the moment on which the Customer completes the order process.
5.2. PontArte will subsequently confirm the receipt of the acceptance of the offer by e-mail.
- Payment
6.1. The Customer may only use the payment methods specified in the order process. PontArte is free in its choice of payment methods offered on the Webshop. These payment methods may change from time to time.
- Implementation of the Agreement
7.1. As soon as PontArte has received the order, PontArte will send the ordered product to the Customer as soon as possible. Works are shipped fully insured by PontArte. In case the work doesn’t arrive well, contact us directly and take photos of any damage at the moment you receive the work. Also inform the shipping company that you can’t accept the work due to the damage, write this on the documentation from the shipping company. All claims must be done within 3 days of receiving of the artwork to marieke@pontarte.com
7.2. Ordered items will be shipped in principle within 14 days.
7.3. In the event that PontArte is unable to ship the ordered products within the term indicated above, PontArte will inform Customer thereof. In that event Customer may either accept a new delivery date, or terminate the Agreement free of charge.
7.4. Customer must inspect the products immediately upon receipt. In the event of any defects, Customer must notify PontArte in writing within three days, preferably accompanied a digital photograph. See also Article 8 (Warranty and conformity).
7.5. Once the items have been delivered to the specified delivery address, the risk is transferred to the Customer.
- Right of withdrawal / return option
8.1. This Article 8 only applies to those Customer who make their purchase as a consumer, and not to Customers who act in a professional capacity, or as a representative of a company or other entity.
8.2. The Customer may take the purchased item out of packaging in order to inspect the item.
8.3.The Customer has the right to terminate the Agreement with PontArte within 14 calendar days upon receipt of the product (the “cooling off period”), without the need to state any reason for the termination. The period begins on the day after the Customer has received the product at the delivery address indicated in the order process. In the event that the Customer has ordered several products in one single order, the period shall run as of the date on which he or she has received the final product.
8.4. The Customer may terminate the Agreement, within the cooling-off period by sending an e-mail to marieke@pontarte.com.
8.5. PontArte will confirm the receipt of such notification. Upon communication of the termination, the Customer is granted 14 days to return the product.
8.6. At his or her option, the Customer may also return the item within the 14-day cooling off period together with the printed and return form filled out with the data mentioned therein.
8.7. The products should be returned to the address mentioned in Article 1.
8.8. PontArte will reimburse the purchase price and the original shipping costs to the Customer as soon as possible but no later than 14 days after receipt of the returned items if the items are received in good order. The customer is responsible for the insurance, packaging and return shipping costs.
The shipping cost from the initial shipment will not be refunded and deducted from the reimbursement. PontArte will use the same payment method as the method used by the Customer in the ordering process. The shipping costs of the return shipment are borne by the Customer.
- Warranty; complaints
9.1. PontArte guarantees that all products offered in the Webshop meet the specifications stated in the offer, the reasonable requirements of quality and usefulness, and that they meet legal provisions and government regulations in force on the date of the conclusion of the Agreement.
9.2. Should the Customer have a complaint about a product and/or about other aspects of the service of PontArte, the Customer can submit such a complaint to PontArte by e-mail or by regular mail.
9.3.PontArte strives to respond to any such complaint as soon as possible, but in any event within 30 days of receipt of the complaint.
9.4. If the Customer is a consumer, he or she can also submit a complaint via the EU dispute settlement platform, accessible via https://webgate.ec.europa.eu/odr/.
- Privacy
10.1. PontArte processes the personal data of the Customer in accordance with privacy policy published on the Webshop from time to time. The privacy policy can be accessed via https://pontarte.com/privacy-policy/
- Further Provisions
11.1. The Agreement and these Terms are governed by Dutch law.
11.2. Unless provided otherwise by mandatory law, any disputes that may arise from the Agreement will be submitted to the competent Dutch court in the district of Maastricht.
11.3. In this Agreement, “in writing” includes communication by e-mail, provided that the identity of the sender is sufficiently clear.
- Retention of title and liability (only applicable to professional Customers)
12.1. As long as no full payment of the purchased items has been made for the entire agreed amount, all delivered goods remain the property of PontArte.
12.2. This Article 12 shall apply only in the event that the Customer acts in the capacity of his/her profession, or as a representative of a company or other entity, namely by entering a company name in the ordering process.
12.3.The aggregate liability of PontArte to Customer for breach of the Agreement is limited to the aggregate price (including VAT) of the goods ordered, unless the damage is caused by willful intent or gross negligence of PontArte.
12.4. Liability of PontArte towards the Customer for any indirect damage, including consequential damages, lost profits, lost savings, loss of data and/or loss due to business interruption is excluded at all times.
12.5. Except for the limited liability as described in the preceding two paragraphs of this article, PontArte accepts no liability whatsoever to Customer.
12.6. The liability of PontArte to the Customer for breach of the Agreement is subject to the Customer sending and immediately and proper written notice of default to PontArte, which is not cured within the time period mentioned in that notice. The notice must contain a detailed description of the breach, so that PontArte is able to respond adequately.
12.7. No obligation to pay any form of compensation is accepted unless the Customer reports the alleged damage as soon as possible but no later than 30 days after the occurrence thereof in writing to PontArte.
12.8. In the event of force majeure, PontArte cannot be held liable for any damage.
Version 20191204
