1.1 In these delivery terms, the following definitions apply:
Art2Fund: Art2Fund, part of Medialen BV, located at De Donge 21, 5684 PX Best, Netherlands, registered with the Dutch Chamber of Commerce under number 17096283.
Buyer: The natural person(s) or legal entity/entities who have commissioned Art2Fund to produce an image printed on an article.
Participant: The organization that has commissioned Art2Fund to organize a project on its behalf.
Documents: All items provided by the buyer and participant to Art2Fund, including data, as well as all data carriers, materials, and images produced by Art2Fund in the context of executing the order.
Agreement: Any agreement between the buyer and Art2Fund for the performance of work by Art2Fund on behalf of the buyer, in accordance with what has been agreed.
2.1 These general terms and conditions apply to the formation, content, and performance of all agreements concluded between Art2Fund, the buyer, and the participant.
2.2 Art2Fund expressly excludes the applicability of the (delivery) terms and conditions of the buyer and participant unless expressly agreed otherwise in writing.
2.3 Additions to or deviations from these general terms and conditions are only valid if they have been expressly accepted in writing by Art2Fund. The other provisions of these general terms and conditions remain in full force in such a situation.
2.4 The buyer accepts these delivery terms by placing a digital order and declares to be familiar with their content, provided that Art2Fund's terms have been correctly communicated to the buyer.
3.1 All offers are made in euros and include VAT, packaging, shipping costs, and other government-imposed charges unless expressly agreed otherwise.
3.2 The offers made by Art2Fund are entirely without obligation and of a general nature unless expressly stated otherwise.
3.3 An agreement with Art2Fund is concluded when the buyer has ordered one or more products via the website and the digital order form of Art2Fund and has received confirmation of the order from Art2Fund electronically or otherwise.
3.4 Offers do not automatically apply to repeat orders and/or future assignments.
4.1 If delivery is not possible according to the agreement due to force majeure, Art2Fund will inform the participant as soon as possible in writing without being obliged to pay any compensation.
4.2 In case of force majeure, Art2Fund can, after consulting the participant, terminate the agreement or suspend delivery until the force majeure situation ceases to exist.
4.3 If the suspension of delivery exceeds 30 working days, the participant is entitled to inform Art2Fund in writing that the purchase agreement is considered terminated, without any obligation for Art2Fund to pay compensation to the participant or buyer.
4.4 Failures of Art2Fund in the performance of the agreement cannot be attributed to it if they are not due to its fault, nor under the law, the agreement, or common opinion.
4.5 The following circumstances and similar circumstances are considered force majeure and/or creditor default:
4.6 The aforementioned and other similar circumstances are considered not attributable to Art2Fund and do not give the participant and/or buyer the right to terminate the agreement or to claim compensation.
5.1 The buyer and participant are obliged to fully cooperate in the delivery of the products to be delivered by Art2Fund under the agreement. The buyer will also be in default without notice if he refuses to accept the products to be delivered.
5.2 The rates of Art2Fund are based on delivery within Ireland via the participant, unless otherwise agreed. For deliveries outside Ireland, additional charges may apply.
5.3 The participant is responsible for distributing the articles to the buyers.
5.4 The buyer must provide Art2Fund with a clear and correct delivery address, which cannot be a PO box number. Any damage suffered by Art2Fund due to an incorrect address provided by the buyer to Art2Fund is entirely at the expense and risk of the buyer.
5.5 A delivery time specified by Art2Fund will be observed as much as possible but is not a fatal deadline and is only indicative unless expressly agreed otherwise. In case of late delivery, Art2Fund will consult with the participant about the revised delivery time.
5.6 The obligation of Art2Fund to comply with a previously explicitly agreed fatal deadline lapses if the buyer or participant subsequently makes changes to the order, unless the minor significance of the change does not reasonably require Art2Fund to change the initially indicated delivery time.
5.7 The risk of loss or damage to the products to be delivered by Art2Fund is transferred to the participant when these products are actually delivered to the participant and are in the control of the participant or a third party designated by him.
5.8 Art2Fund is not liable for any damage that the buyer may suffer as a result of non-delivery (on the agreed delivery date).
6.1 The buyer declares to be familiar with the production process for manufacturing the product.
6.2 The buyer cannot claim any product quality liability arising from the use and/or application of the information provided.
6.3 The execution of the order by Art2Fund may involve the reproduction or public use of works within the meaning of the Copyright Act 1912 or other intellectual property rights. Publication, reproduction, and/or use of such works (e.g., photos, paintings, drawings, logos) may only take place with the permission of the rights holder. Both the buyer and the participant guarantee that they are authorized to commission Art2Fund to make such a publication and/or reproduction and fully indemnify Art2Fund in this regard.
6.4 Art2Fund declares to use the material to the best of its ability for its production without any guarantee obligation. The buyer accepts that due to Art2Fund's production method, the properties of the material to be reproduced may change, such as color, contrast, brightness, sharpness, and graphical representation.
7.1 Necessary packaging is included in the price and will not be taken back. The necessity of using packaging is at the discretion of Art2Fund.
8.1 Payment by the buyer must be made when placing the order with Art2Fund in the currency indicated on the invoice.
8.2 Art2Fund is also entitled to suspend deliveries if the buyer fails to meet his payment obligations, even if a fatal delivery period has been agreed. In that case, Art2Fund does not default due to this late delivery.
8.3 The order will be put into production if the payment terms are met.
8.4 Payments must be made using one of the accepted methods at the time of ordering. The charge will be processed in accordance with the conditions of the payment method selected by the customer.
9.1 The buyer is obliged to investigate within a reasonable time after delivery whether Art2Fund has properly fulfilled the agreement and is further obliged to notify Art2Fund immediately in writing if the contrary is found.
9.2 The performance of the agreement is deemed proper between the parties if the buyer has failed to conduct the investigation or to notify Art2Fund as referred to in paragraph 1 of this article in a timely manner.
9.3 A complaint will only be processed by Art2Fund if the buyer has provided/returned the proof of purchase (order confirmation) and the defective item to Art2Fund.
9.4 The performance of Art2Fund is deemed proper between the parties if the buyer has put the delivered product or a part of the delivered product into use, processed or transformed it, delivered it to third parties, or had it put into use, processed, or transformed by third parties unless the buyer has complied with the provisions of paragraph 1.
10.1 Art2Fund does not guarantee the durability of the product due to moisture, extreme UV radiation, and other extreme environmental factors.
10.2 If the product has a design, material, or manufacturing defect, the buyer is entitled to repair or replacement of the product. The buyer is only entitled to replacement if repair of the product is not possible. The goods to be replaced and/or repaired must be sent to Art2Fund carriage paid. Art2Fund becomes the owner of these goods.
10.3 No warranty applies to damage resulting from incorrect use or application of the delivered products.
10.4 The proof of purchase (order confirmation) serves as a warranty certificate.
10.5 Art2Fund has the right to terminate the agreement and fully credit the buyer if repair or replacement is impossible.
11.1 Art2Fund is not liable for any damage of any kind resulting from Art2Fund relying on incorrect information and/or data provided by the buyer, unless the inaccuracy and/or incompleteness was known or should have been known to Art2Fund.
11.2 Art2Fund is not liable for any damage of any kind resulting from improper and/or incorrect use of the products after delivery.
11.3 Art2Fund is also not liable for any damage of any kind resulting from or after the buyer has put the products into use after delivery, processed or transformed them, delivered them to third parties, or had them put into use, processed, or transformed by third parties, or delivered to third parties.
12.1 Transportation of goods to be delivered to the participant is at the expense and risk of Art2Fund unless otherwise agreed. Acceptance of goods from Art2Fund by the carrier serves as proof that they were in an externally good condition.
12.2 Transportation of goods to be delivered to the buyer is at the expense and risk of the participant unless otherwise agreed.
12.3 If the product/goods are damaged during transport from Art2Fund to the participant, the liability of Art2Fund is limited to the maximum amount reimbursed by the carrier and/or its insurer. Art2Fund will, however, assist the participant in filing any claims with the carrier or insurer.
12.4 If the product/goods are damaged during transport from the participant to the buyer, the liability of the participant is limited to the maximum amount reimbursed by the insurer.
13.1 All agreements, their interpretation, and performance are governed by Dutch law.
13.2 All disputes concerning the formation, interpretation, or performance of an agreement with Art2Fund will be submitted exclusively to the competent court of the District Court of Utrecht.
14.1 Art2Fund guarantees to treat all information concerning the buyer obtained during or in connection with the performance of the agreement confidentially and to ensure that this information cannot be used by third parties.
14.2 Art2Fund is not authorized to use the information provided by the buyer for any purpose other than that for which it was obtained.
14.3 Both parties are obliged to maintain the confidentiality of all confidential information they have obtained from each other or from another source in the context of their agreement. Information is considered confidential if it has been communicated as such by the other party or if this results from the nature of the information.
15.1 Art2Fund is authorized to make changes to these general terms and conditions. These changes will take effect on the announced effective date. Art2Fund will notify the buyer of the changes in a timely manner. If no effective date is communicated, changes will take effect for the buyer as soon as they are communicated. The general terms and conditions that were in effect at the time of the agreement remain applicable to ongoing agreements.
15.2 Interpretation of the content and scope of the general terms and conditions is based on the Dutch text thereof. In case of any discrepancies between the Dutch text and its translation, the Dutch text shall prevail.
16.1 All texts and illustrations of Art2Fund are protected by copyright.
16.2 Reproduction of (parts of) the Art2Fund website, images, and/or use of the product name is prohibited.
16.3 It is not permitted to distribute parts and/or the full content of the Art2Fund website via CD-ROM, DVD, or any other medium without the author's/right holder's permission.
16.4 If applicable, the copyright of the information offered accessible via links on the Art2Fund website belongs to the right holder of the respective pages. This also applies to all trademarks and logos.