General terms and conditions
These terms and conditions apply to everything related to the purchase and sale and use of the websites, including but not limited to quotes, order confirmations, sales and deliveries of products and services of Xi Art unless explicitly stated otherwise in a written agreement.
Article 1. Definitions
Buyer/Consumer: the natural or legal person with whom Xi Art enters into an agreement for the delivery of products and/or services by Xi Art. The visit to the website is seen as a free service from Xi art to the buyer.
Agreement: the agreement between Xi Art and buyer/consumer
Supplier: the natural or legal person with whom Xi Art enters into an agreement to supply products and/or services to Xi Art. This includes, but is not limited to, artists, their representatives, intermediaries and/or distributors. Xi art is a trade name of Fabula- art holding.
Article 2. Applicability
- By using this website and/or accepting a purchase of Xi art, you declare that you are aware of and agree to these terms and conditions of delivery.
Article 3. Offer and acceptance
All quotations, offers, quotations and similar communications (hereinafter referred to as quotations) by Xi art are, unless expressly agreed otherwise, in principle entirely without obligation. In case of different prices mentioned on other websites, the price mentioned on the websites of Xi art is the correct one. All information on our websites is subject to change and can be modified by Xi art if it turns out that they are not correct or that it can be expected that they are not correct, customer can not derive any rights from this. Specified sizes may vary slightly. Colours are always different! It is impossible to reproduce the colours digitally correctly. Xi art has the right not to deliver a product offered on its website if it appears that during the ordering of this product by the buyer the product in question has been sold by other means, appears to be damaged, photo art on prints does not have the quality as expected or has been lost or cannot deliver due to force majeure. Any payment made by the buyer will be refunded immediately by Xi Art. Changes to the originally concluded agreement between the Buyer and Xi Art are only valid from the moment these changes are accepted by both parties in writing (including Email) by means of an additional or amended agreement.
A compound quotation does not oblige Xi Art to carry out part of the order for a corresponding part of the quoted price. Offers or quotations are in principle one-off and do not automatically apply to future orders.
A discount granted based on a combined delivery expires if part of the delivery is returned. See also Exchanges -Returns
Article 4. Modification and cancellation
An order by the buyer is deemed to be cancelled if it has not been paid within 8 days. Cancellations of agreements for the provision of services with an indefinite term can only be made in writing, both by the buyer and by Xi art, provided that the order is already in production and/or has already been shipped. Changes to the order shall not give rise to the charging of a lower amount than agreed.
Changes to an order already issued may result in the originally agreed target date for delivery being exceeded.
Xi art will, however, cooperate with these changes within the bounds of reasonableness, if the content of the performance to be performed by Xi art does not deviate substantially from the originally agreed performance and the order has not yet been sent.
Article 5. Execution of an agreement
Xi art will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good craftsmanship. If and to the extent required for the proper execution of the agreement, Xi Art has the right to have certain activities performed by third parties.
The Buyer shall ensure that all information, which Xi Art indicates is necessary or which the Buyer should reasonably understand is necessary for the execution of the agreement, is provided to Xi Art in a timely manner. If the information necessary for the execution of the agreement has not been provided to Xi Art in a timely manner, Xi Art has the right to suspend the execution of the agreement and/or to charge the buyer for the additional costs resulting from the delay at the usual rates. Xi art is entitled to make deliveries in parts. Changes to the original agreement, of whatever nature, made in writing or verbally by or on behalf of the buyer, which cause higher costs than could have been counted on at the time of the quotation and/or order confirmation, will be charged extra to the buyer. The Buyer indemnifies Xi Art against any claims of third parties, who suffer damages in connection with the execution of the agreement and which are attributable to the Buyer.
Article 6. Duration and termination
The delivery period commences as soon as the order confirmation has been sent and, moreover, all information that Xi Art deems necessary has been provided by the Buyer. Exceeding the delivery time shall never release the buyer from his/her obligations under the agreement, nor shall it entitle the buyer to dissolve the agreement and/or claim damages. Xi Art has the right to terminate the agreement(s) with immediate effect without notice of default or judicial intervention if the buyer does not, improperly or incompletely comply with the agreement(s) concluded with Xi Art including the associated delivery conditions. Xi art has the right to terminate the agreement(s) with immediate effect without notice of default or judicial intervention if the buyer is declared bankrupt, has applied for or obtained suspension of payments or has otherwise lost the free management of his assets. The buyer is then not entitled to any compensation.
Article 7. Delivery and delivery time
A term of delivery specified by Xi Art shall, unless it is expressly stated in writing that it concerns a deadline, be indicative only. Xi art shall only be in default, even in the case of an agreed deadline, after the buyer has given notice of default in writing by registered mail. In the execution of the agreement by Xi Art, the buyer is obliged to do all that is reasonably necessary or desirable to enable a timely delivery by Xi Art. In the event the buyer fails to comply with the provisions of the previous paragraph of this article, an agreed deadline for delivery is no longer binding and the buyer is in default without written notice of default by Xi Art being required. Xi Art shall then, without prejudice to its rights under the law, be entitled to suspend performance of the agreement until the buyer has remedied this default. Thereafter, Xi Art will execute the agreement within a reasonable period of time. The amounts mentioned for shipping always include insurance. If the buyer discovers damage to the product upon delivery, it must refuse the shipment. If the product turns out to be damaged, any amounts paid by the buyer will be refunded within a reasonable period of time. After obtaining possession of the product, the buyer is obliged to immediately establish that the correct product has been delivered and to check it for damage. Any complaints must be reported to Xi Art in writing, within 7 calendar days after delivery at the latest. Xi art is at all times entitled to substitute a new proper performance for a previous faulty performance, unless the default cannot be remedied. The performance of the agreement between the parties is deemed to be sound if the buyer has failed to carry out the examination or the notification referred to in paragraph 4 of this article on time. Deviations caused by the use of common Internet techniques or caused by Internet restrictions, such as but not limited to deviations in the colour reproduction on the screen, are not a valid reason for dissolution of the contract.
Article 8. Force majeure
Malfunctions in the company as a result of force majeure, (will be considered as such, among other things: Printer malfunctions, mobilisation, riots, floods, closed shipping and other blockages in transport, stagnation in or restriction or cessation of deliveries by public utilities or other energy or data communication companies, the occurrence of hitherto unknown viruses, lack of fuel, fire, machine breakdowns and other accidents, strikes, lockouts, action by employees' organisations, making production impossible, government measures, non-delivery of necessary materials and semi-finished products to Xi Art by third parties, delivery of products to Xi Art by suppliers who are not entitled to do so, and other unforeseen circumstances disrupting the normal course of business and delaying or rendering the execution of an order reasonably impossible) releases Xi Art from the fulfilment of the agreed term or the execution obligation, without the buyer being able to assert any right or compensation of costs, damages or interest on that account.
In case of force majeure, Xi Art will immediately notify the Buyer thereof.
Article 9. Prices, rates, costs
All inclusive prices are exclusive of any costs of (insured) transport and other government-imposed levies and inclusive of VAT, unless explicitly stated otherwise. The price quoted by Xi Art for the product or the performance to be performed by Xi Art applies exclusively to that product or the performance in accordance with the agreed specifications.
All costs necessary for the execution of the order and specifically incurred by Xi Art in the context of the order in accordance with the agreement will be charged separately in addition to the agreed price. Xi art is entitled to increase the agreed price if one or more of the following circumstances arise after the conclusion of the agreement: increase in the costs of services necessary for the execution of the agreement, introduction of new and increase of existing government levies on products and services, a significant change in exchange rates or, in general, circumstances comparable to these.
Article 10. Payment
Unless otherwise agreed in writing, all deliveries must be paid for in advance by bank transfer. In the event of late payment of invoices, Xi Art reserves the right to temporarily suspend any work in progress or services provided, until the amounts due have been received. From the moment that the buyer exceeds the payment term, he/she shall be in default without a notice of default to that effect. If the payment term has been exceeded, Xi art will send a payment reminder. After this, administration costs, i.e. € 15,- will be charged to the buyer. If the buyer has not fulfilled his obligations within 42 days, from this moment on the buyer will owe the statutory interest plus extrajudicial collection costs on the outstanding invoice amount, calculated according to the (staggered) collection rate advised by the Dutch Bar Association. Should the invoiced amount be incorrect in the eyes of the buyer, he/she must inform Xi Art immediately, but at the latest within 8 days after invoicing. The latter will examine this claim and, if necessary, send a new invoice, which must be paid within 8 days of dispatch.
Article 11. Copyright
The suppliers who deliver the products to Xi Art retain the copyright where applicable to the works of art, designs, sketches, etc. designed or created by them, hereinafter referred to as 'the product'. The buyer is not permitted to modify, repeat or multiply the execution of a product, even if only a part of the product is concerned, without the express written consent of the supplier.
Xi art and the artists who supply the products, unless expressly agreed otherwise in writing when commissioned, have the right to have the design or parts of the design carried out repeatedly. Xi art and the artists who supply the products for promotional purposes have the right to take photos or other images and to reproduce and publish them. The ownership of products delivered by Xi Art and/or its suppliers, provided ideaën, concepts or (trial) designs remains entirely with Xi Art and/or the relevant supplier, unless explicitly agreed otherwise in writing. In the event of apparent violation of the said property, Xi Art is entitled to charge a self-determined but reasonable compensation.
In the end, Xi art Today assumes that this information is read by every customer on the site based on the Terms of Delivery A copyright - If we detect abuse we will immediately take legal action Against violation of this copyright
Article 12. Complaints and liability
Xi Art does everything that can reasonably be expected of it to determine that the supplier is entitled to deliver the product to Xi Art and Xi Art is entitled to resell the product. This includes but is not limited to copyright and/or copyrights. Damage arising if it appears that the supplier does not have the necessary rights is at all times limited to the amount of the purchase that the buyer has actually paid Xi Art, including any shipping costs. Xi art also expressly disclaims any liability.
Art is unique. The buyer is therefore obliged to examine the work of art (or have it examined) for visible defects at the time of sale. In doing so, the buyer should examine whether the quality and quantity of the work of art corresponds to what has been agreed, or at least meets the requirements that apply to it in normal (commercial) traffic. The risk of loss of or damage to the product shall pass to the buyer at the moment at which it is legally and/or factually delivered to the buyer and thus placed under the control of the buyer or of a third party to be designated by the buyer. After delivery, the buyer has the opportunity to report clearly described defects to the delivered products to Xi Art in writing for 8 calendar days, after which Xi Art will try to remedy these defects. If no defects are reported to Xi Art within the aforementioned period, any possibility of complaint will lapse. Incorrect information provided by the buyer which leads to defects in the delivered goods is explicitly not understood as "defects". Complaints as referred to in the previous paragraph are only possible insofar as the buyer has not edited or altered the delivered goods or has given them to third parties for use. Xi Art cannot be held liable if damage to a work of art is caused due to intent and/or gross negligence and/or culpable actions, or injudicious or improper use of the work of art by the buyer. Advertising does not suspend any obligations of the buyer.
The liability of Xi Art by virtue of any agreed delivery is at all times limited to the amount involved in the order. Also in the event of consequential damage or damage from third parties. Xi art is enabled to do a good job within a reasonable period of time for faulty work. Xi art is not liable for the consequences of errors in instructions, information or materials provided by the Buyer. If Xi Art is held liable by a third party in respect of any damage for which it is not liable by virtue of the agreement with the buyer or these terms and conditions of delivery, the buyer shall fully indemnify Xi Art in this respect and compensate Xi Art for everything it has to pay to this third party.
Xi art is not liable for any damage caused by hanging the photo art.
To the extent that Xi Art in its activities depends on the cooperation, services, deliveries, warranties and declarations of third parties on which Xi Art has little or no influence, Xi Art can in no way be held liable for any damage whatsoever arising from these relationships with Xi Art or the termination thereof, regardless of whether this damage arises or becomes visible during the relationship with Xi Art. In the event of attributable failure to comply with the agreement, Xi Art shall only be liable for replacement damages up to the invoice amount. Any liability of Xi Art for any other form of damage is excluded, including compensation for indirect damage, consequential damage or damage due to loss of turnover or profit. The buyer should take into account that information sent via the internet can be tapped by third parties. Xi art cannot be held liable for damages of any kind caused by sending confidential or secret information. The buyer must inform Xi Art immediately in writing of any changes in buyer details, including a change of address. If the buyer fails to do so, the latter is fully liable for any damage caused by this and suffered by Xi Art.
Art 13. returns
If a consumer is dissatisfied and wishes to return a purchased work of art, the consumer must return the work delivered within 14 calendar days of purchase in its original condition and packaging and completely free of defects. The Buyer must notify Xi Art of this. After checking that the product is in its original and undamaged condition (in the case of plexiglass including film on photo art), the amount paid by the consumer will be refunded within a reasonable period of time, after deduction of any shipping and handling costs incurred (20 euros). (Companies/institutions cannot return/cancel online orders/orders) Damage due to faulty packaging upon return will be charged to the consumer. If the Consumer wishes to return defective goods, this shall be done with the prior written consent of Xi Art and in the manner indicated by Xi Art. The consumer must prove that the delivered goods have been returned on time and in a professional manner, for example by means of proof of dispatch.
Article 14. Dispute resolution and applicable law
If one or more articles of these terms and conditions are declared invalid by court order, other provisions of these general terms and conditions will remain in full force and Xi Art and Buyer will consult with each other in order to agree on new provisions to replace the invalid or voided provisions, taking into account as much as possible the purpose and purport of the invalid or voided provisions.
All correspondence, offers and agreements made under these terms and conditions shall be governed exclusively by Dutch law.
Article 15. Amendment of the general terms and conditions of delivery
Xi art reserves the right to amend or supplement these general terms and conditions of delivery. With these conditions, all previous copies are cancelled. These conditions are also published on the website www.Xi art.nl.
Site usage :
Information we collect when you visit our site is the address of your computer, the pages you visit, the dates and times this happens and the browser (including the type and version) you use. This information is only used for the management of our website and for its further development.
The personal data that you send us via this website will be kept by us and will only be used to process your orders and to improve our service and the content of this website. Your data will not be sold to third parties.
Intellectual property law
If we find misuse of the use of our websites and/or our trade names/products/websites/photos/links/names/texts/systems/intellectual property rights: We will take immediate legal action.