GENERAL

TERMS AND CONDITIONS/ EN

Definitions

1. ON ART : ON ART . Paintings & Print Services, established in ARNHEM, Chamber of Commerce no. 81402988.
2. Customer: the person with whom ON ART has entered into an agreement.
3. Parties: ON ART and customer together.
4. Consumer: a customer who is an individual acting for private purposes.

Applicability

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

Offers and quotations

1. Offers and quotations from ON ART are without engagement, unless expressly stated otherwise.
2. An offer or quotation is valid for a maximum period of 1 month from its date, unless another acceptance period is
     stated in the offer or quotation.
3. If the customer does not accept an offer or quotation within the applicable time frame, the offer or quotation will
     lapse.
4. Offers and quotations do not apply to repeated orders, unless the parties have agreed upon this explicitly and in
      writing.

Acceptance

1. Upon acceptance of a quotation or offer without engagement, ON ART reserves the right to withdraw the quotation
     or offer within 3 days after receipt of the acceptance, without any obligations towards the customer.
2. Verbal acceptance of the customer only commits ON ART after the customer has confirmed this in writing (or
electronically).

Prices

1. All prices used by ON ART are in euros, are exclusive of VAT and exclusive of any other costs such as
    administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed
    otherwise.
2. ON ART is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at
     any time.
3. Increases in the cost prices of products or parts thereof, which ON ART could not foresee at the time of making an
     offer or the conclusion of the agreement, may give rise to price increases.
4. The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3,
     unless the increase is the result of statutory regulation.
5. The price with regard to services is determined by ON ART on the basis of the actual working hours.
6. The price is calculated according to the usual hourly rates of ON ART , valid for the period in which he carries out
      the work, unless a different hourly rate has been agreed.
7. If the parties have agreed on a total amount for a service provided by ON ART , this is always a target price, unless
      the parties have explicitly agreed upon in writing on a fixed price, which cannot be deviated from.
8. ON ART is entitled to deviate up to 10% of the target price.
9. If the target price exceeds 10%, ON ART must let the customer know in due time why a higher price is justified.
10. If the target price exceeds 10%, the customer has the right to cancel the part of the order that exceeds the target price
        by 10%.
11. ON ART has the right to adjust prices annually.
12. ON ART will communicate price adjustments to the customer prior to the moment the price increase becomes
       effective.
13. The consumer has the right to terminate the contract with ON ART if he does not agree with the price increase.

Payments and payment term

1. ON ART may, at the conclusion of the agreement, require a down payment of up to 50% of the agreed amount.
2. The customer must have paid the full amount within 7 days after delivery of the product.
3. Payment terms are considered as fatal payment terms. This means that if the customer has not paid the agreed amount
      at the latest on the last day of the payment term, he is legally in default, without ON ART having to send the
      customer a reminder or to put him in default.
4. ON ART reserves the right to make a delivery conditional upon immediate payment or to require adequate security
     for the total amount of the services or products.

Consequences of late payment

1. If the customer does not pay within the agreed term, ON ART is entitled to charge an interest of 1% per month from
     the day the customer is in default, whereby a part of a month is counted for a whole month.
2.  When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any
     compensation to ON ART .
3. The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.
4. If the customer does not pay on time, ON ART may suspend its obligations until the customer has met his payment
     obligation.
5. In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of
     ON ART on the customer are immediately due and payable.
6. If the customer refuses to cooperate with the performance of the agreement by ON ART , he is still obliged to pay the
     agreed price to ON ART .

Right of recovery of goods

           1. As soon as the customer is in default, ON ART is entitled to invoke the right of recovery with regard to the unpaid
                products delivered to the customer.
           2. ON ART invokes the right of recovery by means of a written or electronic announcement.
           3. As soon as the customer has been informed of the claimed right of recovery, the customer must immediately return
                the products concerned to ON ART , unless the parties agree to make other arrangements about this.
           4. The costs for the collection or return of the products are at the expense of the customer.

     Right of cancellation 

            1.  A consumer may cancel an online purchase during a cooling-off period of 14 days without giving any reason,
                  provided that

                  the product has not been used

                  it is not a product that can spoil quickly, like food or flowers

                  the product is not specially tailored for the consumer or adapted to its special needs

                  it is not a product that may not be returned for hygienic reasons (underwear, swimwear, etc.)

                  the seal is still intact, when the product is a data carrier with digital content (DVDs, CDs, etc.)

                  the product is not a (holiday)trip, a transportation ticket, a catering order or a form of leisure activity,

                  the product is not a separate magazine or a loose newspaper

                  the purchase does not concern an (assignment to) urgent repair

                  the consumer has not renounced his right of cancellation

           2. The reflection period of 14 days as referred to in paragraph 1 commences:

                 on the day after the consumer has received the last product or part of 1 order

                  as soon as the consumer has received the first the product of a subscription

                  as soon as the consumer has purchased a service for the first time

                  as soon as the consumer has confirmed the purchase of digital content via the internet

            3. The consumer can notify his right of cancellation via Info@ossamanasr.nl, if desired by using the withdrawal form
                  that can be downloaded via the website of ON ART , www.onart.nl.
           4. The consumer is obliged to return the product to ON ART within 14 days after the notification of his right of
                 cancellation, after which period his right of cancellation will lapse.
           5. The costs for return are due ON ART if the complete order is returned.
           6. If the purchase costs and any other costs (such as shipping and return costs) are eligible for reimbursement according

                to the law, ON ART will refund these costs to the consumer within 14 days of receipt of the timely appeal to the
                 right of withdrawal, provided that the consumer has returned the product to ON ART in time.

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

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

 Settlement

    The customer waives his right to settle any debt to ON ART with any claim on ON ART .

Retention of title

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

Delivery

1. Delivery takes place while stocks last.
2. Delivery takes place at ON ART unless the parties have agreed upon otherwise.
3. Delivery of products ordered online takes place at the address indicated by the customer.
4. If the agreed price is not paid on time, ON ART has the right to suspend its obligations until the agreed price is fully
     paid.
5. In the event of late payment, the customer is automatically in default, and hereby he cannot object to late delivery by
     ON ART .

Delivery period

1. Any delivery period specified by ON ART is indicative and does not give the customer the right to dissolution or
    compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.
2. The delivery period starts after the customer has signed the agreement to ON ART and is confirmed in writing or
     electronically by ON ART to the customer.
3. Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the
     contract, unless ON ART cannot deliver within [number of days late] or if the parties have agreed upon otherwise.

Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can take place in time.

Transport costs

Transport costs are on behalf of the customer, unless the parties have agreed upon otherwise.

Packaging and shipping

1. If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the
     forwarder or delivery person before receiving the product. In the absence of which ON ART may not be held liable
     for any damage.
2. If the customer himself takes care of the transport of a product, he must report any visible damage to products or the
     packaging prior to the transport to ON ART , failing which ON ART cannot be held liable for any damage.

 Insurance

           1. The customer undertakes to insure and keep insured the following items adequately against fire, explosion and water
                 damage as well as theft:

                 goods delivered that are necessary for the execution of the underlying agreement

                 goods being property of ON ART that are present at the premises of the customer

                 goods that have been delivered under retention of title

2. At the first request of ON ART , the customer provides the policy for these insurances for inspection.

Storage 

1. If the customer orders products later than the agreed delivery date, the risk of any quality loss is entirely for the
     customer.
2. Any extra costs as a result of premature or late purchase of products are entirely at the customer's expense.

Guarantee

1. When parties have entered into an agreement with services included, these services only contain best-effort
      obligations for ON ART , not obligations of results.
2. The warranty relating to products only applies to defects caused by faulty manufacture, construction or material.
3. 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.
4. 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.

Exchange

1. Exchange is only possible if the following conditions are met:

                exchange takes place within 14 days after purchase upon presentation of the original invoice

                the product is returned in the original packaging or with the original (price) tags still attached to it

                the product has not been used

2. Discounted items, non-shelf articles such as food, custom made items or specially adapted articles for the customer
     cannot be exchanged.

Performance of the agreement

1. ON ART executes the agreement to the best of its knowledge and ability and in accordance with the requirements of
     good workmanship.
2. ON ART has the right to have the agreed services (partially) performed by third parties.

3. The execution of the agreement takes place in mutual consultation and after written agreement and payment of the
      possibly agreed advance by the customer.
4. It is the responsibility of the customer that ON ART can start the implementation of the agreement on time.
5. If the customer has not ensured that ON ART can start the implementation of the agreement in time, the resulting
     additional costs and/or extra hours will be charged to the customer.

Duty to inform by the customer

1. The customer shall make available to ON ART all information, data and documents relevant to the correct execution
      of the agreement to in time and in the desired format and manner.
2. The customer guarantees the correctness, completeness and reliability of the information, data and documents made
      available, even if they originate from third parties, unless otherwise ensuing from the nature of the agreement.
3. If and insofar as the customer requests this, ON ART will return the relevant documents.
4. If the customer does not timely and properly provides the information, data or documents reasonably required by ON
     ART and the execution of the agreement is delayed because of this, the resulting additional costs and extra hours
     will be charged to the customer.

Intellectual property

1. ON ART retains all intellectual property rights (including copyright, patent rights, trademark rights, design and
     design rights, etc.) on all designs, drawings, writings, data carriers or other information, quotations, images, sketches,
     models, scale models, etc., unless parties have agreed otherwise in writing.
2. The customer may not copy or have copied the intellectual property rights without prior written permission from ON
     ART , nor show them to third parties and / or make them available or use them in any other way.

 Penalties

1. If the customer violates the articles of these general terms and conditions about secrecy or intellectual property, then
     he forfeits on behalf of ON ART an immediately due and payable fine of € 1000 if the customer is a consumer and €
     5000 if the customer is a company, for each violation and in addition an amount of 5% of the aforementioned amount
     for each day that this violation continues.
2. No actual damage, prior notice of default or legal proceedings are required in forfeiting the fine referred to in the first
     paragraph of this article.
3. The forfeiture of the fine referred to in the first paragraph of this article shall not affect the other rights of ON ART
     including its right to claim compensation in addition to the fine.

Indemnity

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

Complaints

1. The customer must examine a product or service provided by ON ART 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 ON ART of this as soon as possible, but in any case within 1 month after the
     discovery of the shortcomings.
3. Consumers must inform ON ART of this within two months after detection of the shortcomings.
4. The customer gives a detailed description as possible of the shortcomings, so that ON ART 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 ON ART being forced to perform other work
     than has been agreed.

Giving notice

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

Joint and several Client liabilities

If ON ART enters into an agreement with several customers, each of them shall be jointly and severally liable for the
full amounts due to ON ART under that agreement.

Liability of ON ART

1. ON ART is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross
     negligence.
2. If ON ART is liable for any damage, it is only liable for direct damages that results from or is related to the
     execution of an agreement.
3. ON ART is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third
     parties.
4. If ON ART 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.
5. 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 ON ART 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 of the
   Dutch Civil Code.

Dissolution

1. The customer has the right to dissolve the agreement if ON ART 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 ON ART is not permanent or temporarily impossible, dissolution can only
     take place after ON ART is in default.
3. ON ART 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 ON ART 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 ON ART in the fulfillment of any
     obligation to the customer cannot be attributed to ON ART in any situation independent of the will of ON ART ,
     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 ON ART .
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 ON ART cannot fulfill one or more obligations towards the
     customer, these obligations will be suspended until ON ART 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. ON ART 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. ON ART 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 ON ART 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 ON ART to third parties without the prior
     written consent of ON ART .
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 ON
     ART 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 ON ART is established is exclusively competent in case of any disputes
     between parties, unless the law prescribes otherwise.

 

Drawn up on 11 januari 2021.