Terms and Conditions
Article 1 – The Entrepreneur’s identity
Visionplay VOF established under Dutch law, trading online under the name Dutch Art Reproductions,
based in Amsterdam at the Gedempt Hamerkanaal 16, legally represented by M. de Ruiter.
Phone number: +3120 49 45 112
E-mail address: email@example.com
Chamber of Commerce: 33274688
VAT Identification Number: 808046561B01
Article 2 – Applicability
1. These General Terms and Conditions apply to any offer from the Entrepreneur and to any distance contract concluded by the Entrepreneur and the Consumer.
2. Before concluding a distance contract, the Entrepreneur shall make the text of these General Terms and Conditions available free of charge and as soon as possible.
If this is reasonably impossible, the Entrepreneur shall indicate in what way the General Terms and conditions can be
inspected and that they will be sent free of charge if so requested, before the distant contract is concluded.
3. If the distance contract is concluded electronically, the text of these General Terms and Conditions,
in deviation from the previous section and before the distance contract is concluded,
may also be supplied to the Consumer electronically in such a way that the Consumer can easily store it on a long- term data carrier.
If this is reasonably impossible, it will be specified where the General Terms and Conditions can be viewed electronically and that they will be sent to at the
Consumer ́s request free of charge, either via electronic means or otherwise, before concluding the distance contract;
4. In the event that specific product or service condition apply in addition to these General Terms and Conditions, the second and third paragraphs shall apply accordingly,
and in the event of contradictory terms and conditions, the Consumer may always appeal to the applicable provision that is most favourable to him/her.
Article 3 – The offer
1. If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer
2. The offer contains a full and accurate description of the products, digital content and/or services offered.
The description is suitably detailed to enable. The Consumer to assess the products, or services and/or digital content adequately.
If the Entrepreneur makes use of pictures, they are truthful images of the products provided.
Obvious errors or mistakes in the offer do not bind the Entrepreneur.
3. All offers contain such information that it is clear to the Consumer what rights and obligations are attached to accepting the offer.
Article 4 – The contract
1. Subject to the provisions in paragraph 3, the contract becomes valid when the Consumer has accepted the offer and fulfilled the terms and conditions set.
2. If the Consumer accepted the offer via electronic means, the Entrepreneur shall promptly confirm receipt of having accepted the offer via electronic means.
As long as the receipt of said acceptance has not been confirmed, the Consumer may repudiate the contract.
3. If the contract is concluded electronically, the Entrepreneur will take appropriate technical and organisational
security measures for the electronic data transfer and ensure a safe web environment.
If the Consumer can pay electronically, the Entrepreneur shall observe appropriate security measures.
4. The Entrepreneur may, within the limits of the law, gather information about Consumer’s ability to fulfil his payment obligations,
and all facts and factors relevant to responsibly concluding the distance contract. If, acting on the results of this investigation, the Entrepreneur
has sound reasons for not concluding the contract, he is lawfully entitled to refuse an order or request supported by reasons, or to attach special terms to the implementation.
5. Before delivering the product, the Entrepreneur shall send the following information along with the product,
the service or the digital content in writing or in such manner that the Consumer can store it in an accessible manner on a long-term data carrier:
a. the visiting address of the Entrepreneur ́s business establishment where the Consumer may get into contact with any complaints;
b. the conditions on which and the manner in which the Consumer may exercise the right of withdrawal, or, as the case may be,
clear information about his being exempted from the right of withdrawal;
c. the information corresponding to existing after-sales services and guarantees;
d. the price including all taxes of the product, service or digital content, where applicable the delivery costs and the way of payment,
delivery or implementation of the distance contract;
e. the requirements for cancelling the contract if the contract has a duration of more than one year or for an indefinite period of time
f. the standard form for withdrawal if the Consumer has the right of withdrawal
6. In case of a continuing performance contract, the stipulation in the previous paragraph only applies to the first delivery.
Article 5 – Right of withdrawal
In case of products:
1. The Consumer can repudiate a purchase contract for a product without giving reasons for a period of reflection of at least 30 days.
The Entrepreneur may ask the Consumer about the reason for the withdrawal but cannot force him to state his reason(s).
2. The reflection period referred to in sub-clause 1 starts on the day the product is received by the Consumer
or by a third party appointed by him in advance and who is not the carrier, or if the Consumer ordered several products in the same order:
the day on which the Consumer or a third party appointed by him received the last product.
The Entrepreneur may refuse an order of several products with different delivery dates provided that he clearly informs the Consumer prior to the order process.
Extended reflection period for products in case no information is given about the right of withdrawal:
3. If the Entrepreneur has not provided the Consumer with the legally required information about the right of withdrawal
or has not provided the standard form for withdrawal, the reflection period expires twelve months after the end of the original reflection period
in accordance with the reflection period determined in the previous sub-clauses of this Article.
4. If the Entrepreneur provided the Consumer with the information referred to in the previous article within twelve months
after the starting day of the original period of reflection, the period of reflection expires 14 day after the day on which the Consumer received the information.
Article 6 – Consumer’s obligations during the time of reflection
1. During this period, the Consumer shall handle the product and the packaging with care.
The Consumer shall only unpack or use the product to the extent necessary for establishing the nature,
the characteristics and the effect of the product. The guiding principle is that the Consumer may only handle
and inspect the product in the manner in which one is allowed to handle a product in a shop.
2. The Consumer is only liable for the decrease in value of the product that is caused by the way of handling the product which went further than allowed in sub-section 1.
3. The Consumer is not liable for the decrease in value of the product if the Entrepreneur has
not provided him with all legal information about the right of withdrawal before concluding the Agreement.
Article 7 – Exercising the Consumer’s right of withdrawal and the costs
1. When the consumer wishes to make use of his right of withdrawal, he is obliged to inform the entrepreneur within 14 days of receipt of the product.
After the consumer has announced that he wishes to make use of his right of withdrawal, the consumer must return the product within 20 days.
The consumer must prove that the delivered products are returned in time, for example by means of proof of shipment.
2. The Consumer shall return the product with all delivered accessories and if reasonably possible in the original state
and packing and in conformity with reasonable and clear instructions given by the Entrepreneur.
3. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal fall on the Consumer.
4. The Consumer shall bear the direct costs of returning the product. If the Entrepreneur has not reported that
the Consumer has to bear these costs or if the Entrepreneur pointed out that he will bear the costs himself, the Consumer need not pay the cost of returning the product.
Article 8 - Exclusion of the right of withdrawal
The Entrepreneur can exclude the following products from the right of withdrawal but only if the
Entrepreneur notified this clearly when making the offer or at any rate in good time before concluding the agreement:
1. Products manufactured in accordance with the Consumer’s specifications which are not
prefabricated and which are produced on the basis of a Consumer’s individual choice or decision or which are intended for a specific person.
Article 9 - The price
1. The prices of the products provided shall not be raised during the validity period given in the offer, subject to changes in price due to changes in VAT rates.
2. Contrary to the previous paragraph, the Entrepreneur may offer products whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur’s control,
at variable prices. The offer will state the possibility of being subject to fluctuations and the fact that any indicated prices are target prices.
3. Price increases within 3 months after concluding the contract are permitted only if they are the result of new legislation.
4. Price increases from 3 months after concluding the contract are permitted only if the Entrepreneur has stipulated it and
a. they are the result of legal regulations or stipulations, or
b. the Consumer has the authority to cancel the contract before the day on which the price increase starts.
5. All prices indicated in the provision of products or services are including VAT.
Article 10 – Performance of an agreement and Extra Guarantee
1. The Entrepreneur guarantees that the products comply with the contract, with the specifications listed in the offer,
with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the day the contract was concluded.
2. An extra guarantee offered by the Entrepreneur, his Supplier, Manufacturer or Importer shall never affect the rights and
claims the Consumer may exercise against the Entrepreneur about a failure in the fulfilment of the Entrepreneur’s obligations
if the Entrepreneur has failed in the fulfilment of his part of the agreement.
3.‘Extra guarantee’ is taken to mean each obligation by the Entrepreneur, his Supplier, Importer or Manufacturer in whom he assigns certain rights or
claims to the Consumer that go further than he is legally required in case he fails in the compliance with his part of the agreement.
Article 11 – Delivery and execution
1. The Entrepreneur shall exercise the best possible care when booking orders and executing product orders and when assessing requests for the provision of services.
2. The place of delivery is at the address given by the Consumer to the Entrepreneur.
3. With due observance of the stipulations in Article 3 of these General Terms and Conditions,
the Entrepreneur shall execute accepted orders with convenient speed but at least within 30 days, unless another delivery period was agreed on.
If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer shall be informed about this within 14 days after ordering.
In such cases, the Consumer is entitled to repudiate the contract free of charge.
4. After repudiation in conformity with the preceding paragraph, the Entrepreneur shall return the payment made by the Consumer promptly but at least within 30 days after repudiation.
5. The risk of loss and/or damage to products will be borne by the Entrepreneur until the time of delivery to the Consumer or a representative appointed in advance and made known to the Consumer,
unless explicitly agreed otherwise.
Article 12 – Payment
1. Unless otherwise stipulated in the agreement or in the additional conditions, the amounts to be paid by the Consumer must be settled within 14 days after the period of reflection,
or if there is no period of reflection within 14 days after concluding the agreement.
2. The Consumer has the duty to inform the Entrepreneur promptly of possible inaccuracies in the payment details that were given or specified.
Article 13 – Complaints procedure
1. The Entrepreneur shall have a sufficiently notified complaints procedure in place, and shall handle the complaint in accordance with this complaint procedure.
2. Complaints about the performance of the contract shall be submitted fully and clearly described to the Entrepreneur within a reasonable time after the Consumer discovered the defects
3. The complaints submitted to the Entrepreneur shall be replied within a period of 7 days after the date of receipt.
Should a complaint require a foreseeable longer time for handling,
the Entrepreneur shall respond within 14 days with a notice of receipt and an indication when the Consumer can expect a more detailed reply.
Article 14 - Disputes
1. Contracts between the Entrepreneur and the Consumer to which these General Terms and Conditions apply, are exclusively governed by Dutch law.