General Terms and Conditions

General Terms and Conditions

Article 1. - Applicability

1.1 These General Terms and Conditions (hereinafter referred to as Terms) apply to all offers, orders and agreements made by Museum Boijmans Van Beuningen to the exclusion of any other general terms and conditions. These terms have been filed with the Rotterdam Chamber of Commerce under number 24383967 and will be sent to you free of charge on request.


1.2 By placing an order with Museum Boijmans Van Beuningen you will be deemed to have accepted these Terms.


1.3 Any departures from these Terms must be in writing. In such an event, all the other provisions of these Terms remain in force.


1.4 All the rights and entitlements established for the benefit of Museum Boijmans Van Beuningen in these Terms and in any other agreements also apply to any intermediaries and other third parties engaged by Museum Boijmans Van Beuningen.


Article 2. Offers/agreements 

2.1 All offers made by Museum Boijmans Van Beuningen are without obligation. Museum Boijmans Van Beuningen is entitled to change prices, in particular if this is necessary on the grounds of (statutory) regulations. See also article 3.6.


2.2 An agreement only becomes effective when Museum Boijmans Van Beuningen has accepted your order. Museum Boijmans Van Beuningen is entitled to refuse orders or to attach special conditions to the supply but must give reasons for doing so. If your order is not accepted, you will be informed of this within ten (10) working days.


Article 3. Prices and payments

3.1 The prices shown for the articles and services on offer are in euros and include VAT but exclude handling and delivery charges, taxes and other levies unless otherwise stated or agreed in writing.


3.2 For orders with a delivery address in the Netherlands, the sum owing (without reduction or setoff) must be paid within fourteen (14) days of the invoice date.


3.3 You may pay by using one of the payment methods offered during the ordering process. Your order may be subject to further (payment/ordering) conditions. For payment by bank or giro transfer, the date of payment is deemed to be the date on which Museum Boijmans Van Beuningen's giro account or bank account is credited.


3.4 If you exceed the payment term, you will be in default from the date that payment should have been made and will be liable for default interest of 1% of the outstanding sum per month or part of a month that elapses from that date. If your payment is made following a demand from Museum Boijmans Van Beuningen, you will be liable for a sum of twenty two euros and sixty nine eurocents (€ 22.69) for administration costs and, if Museum Boijmans Van Beuningen engages a debt collection agency, you will also be liable for the collection charges. These collection charges will be at least fifteen percent (15%) of the outstanding sum but Museum Boijmans Van Beuningen reserves the right to claim the extrajudicial collection charges actually incurred.


3.5 If you do not pay in full and in good time, Museum Boijmans Van Beuningen is entitled to suspend or dissolve the agreement concerned and any agreements associated with it.


3.6 If the prices of the articles and services on offer increase in the period between the time of your order and the execution of the order by Museum Boijmans Van Beuningen, you may cancel the order or dissolve the agreement as long as this is done within ten (10) days of the announcement of the price increase by Museum Boijmans Van Beuningen.

 

3.7 Delivery charges via the web shop - 2013

 

Delivery charges

Netherlands

Belgium
Germany

Austria
Denmark
Luxemburg

Italy
Sweden
United Kingdom

Finland
Hungary
Poland
Slovakia
Slovenia
Spain

France

Rest of
Europe

Rest of the
World

0 - 250

€ 1.85

€ 3.50

€ 3.50

€ 3.50

€ 3.50

€ 3.50

€ 3.50

€ 3.50

251 - 500

€ 2.30

€ 6

€ 6

€ 6

€ 6

€ 6

€ 6

€ 6

501 - 1000

€ 2.75

€ 7.25

€ 9.35

€ 9.35

€ 9.35

€ 9.35

€ 9.35

€ 9.35

1001 - 20000

€ 4.86

€ 7.45

€ 13.45

€ 27

€ 35

€ 26

€ 45

€ 130


Article 4. Delivery 

4.1 The delivery times shown on the website are indicative. You will receive your order as soon as reasonably possible and in any case within thirty (30) working days, unless you are otherwise informed by Museum Boijmans Van Beuningen. In that case you will be informed in good time. You may then cancel the agreement without charge up to the time of delivery. Late delivery does not entitle you to damages.


4.2 Delivery is deemed to take place at the time the articles are offered to the specified delivery address.


Article 5. Retention of title

5.1 Ownership of the goods supplied is not transferred until you have paid the sum owing. However, the risks in relation to the articles are transferred to you at the time of delivery.


Article 6. Intellectual and industrial property rights 

6.1 You must fully and unconditionally respect all the intellectual and industrial property rights associated with the articles supplied by Museum Boijmans Van Beuningen.


6.2 Museum Boijmans Van Beuningen does not guarantee that the articles supplied to you do not infringe any (unwritten) intellectual and/or industrial property rights of third parties.

 

Article 7. Claims and liability 

7.1 Check the articles supplied immediately on receipt. You should report any defects to Museum Boijmans Van Beuningen in writing and with reasons no later than two (2) months after their discovery.


7.2 If it is clear that an article does not comply with the agreement, it should be returned to Museum Boijmans Van Beuningen which undertakes to either replace the article with a new one or refund the invoice price plus the shipping charges you have incurred.


7.3 If, for whatever reason, you do not wish to keep an article after all, you may return the article to Museum Boijmans Van Beuningen and dissolve the agreement as long as this is within seven (7) working days of its delivery. In such a case, returns will only be accepted if the article's packaging is undamaged and the plastic seal has not been broken. If you have already paid for the article concerned, the sum will be refunded by Museum Boijmans Van Beuningen within thirty (30) days. You will be responsible for the direct costs of returning the article.


Article 8. Orders/communications 

8.1 Museum Boijmans Van Beuningen is not liable for misunderstandings, damage, delays or orders and information not being properly communicated due to the use of the Internet or other means of communication between you and Museum Boijmans Van Beuningen or between Museum Boijmans Van Beuningen and third parties, unless this is the result of intent or gross negligence on the part of Museum Boijmans Van Beuningen.


Article 9. Miscellaneous 

9.1 You cannot derive any rights from the fact that Museum Boijmans Van Beuningen may apply these Terms flexibly.


9.2 Should one or more of the clauses of these Terms or any other agreement with Museum Boijmans Van Beuningen be in conflict with any applicable statutory provision, the clause concerned will cease to be valid and will be replaced with  a new, comparable clause to be drawn up by Museum Boijmans Van Beuningen.


9.3 Museum Boijmans Van Beuningen may use third parties in fulfilling your order(s).


9.4 In the event of force majeure, Museum Boijmans Van Beuningen is entitled to postpone the fulfilment of your order or to dissolve the agreement without recourse to the court by informing you of this in writing without prejudice to the other rights to which Museum Boijmans Van Beuningen is entitled.


Article 10. Applicable law and competent court 

10.1 These Terms and all rights, obligations, offers, orders and agreements to which these Terms apply are exclusively governed by Dutch law.


10.2 All disputes between the parties will be settled exclusively by the competent court in the Netherlands.