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TERMS AND CONDITIONS
SKULPTURAS
E-mail: info@sklptrs.com
Website: www.sklptrs.com
Definitions
1. Skulpturas: Skulpturas, established in Rotterdam, Chamber of Commerce no.84242752.
2. Customer: the party which Skulpturas has entered into an agreement with.
3. Parties: Skulpturas 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 Skulpturas.
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.
Prices
1. All prices used by Skulpturas are in euros, are inclusive 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. Skulpturas 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 Skulpturas 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.
Samples / models
If the customer has received a sample or model of a product, he cannot derive any rights from this other than that it is
an indication of the nature of the product, unless the parties have explicitly agreed that the products be supplied
conform to the sample or model.
Right of recovery of goods
1. As soon as the customer is in default, Skulpturas is entitled to invoke the right of recovery with regard to the unpaid
products delivered to the customer.
2. Skulpturas 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 Skulpturas, 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 withdrawal
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 consumer has not renounced his right of withdrawal
2. The cooling-off 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 confirmed the purchase of digital content via the internet
3. The consumer can notify his right of withdrawal via info@sklptrs.com
4. The consumer is obliged to return the product to Skulpturas within 14 days after the notification of his right of
withdrawal, after which period his right of withdrawal will lapse.
Reimbursement of return costs
If the consumer invokes his right of withdrawal and returns the entire order on time, the costs for returning the
complete order will be borne by the consumer.
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. Skulpturas can appeal to his right of retention of title and in that case retain the products sold bySkulpturas to the
customer until the customer has paid all outstanding invoices with regard to Skulpturas, 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 Skulpturas.
3. Skulpturas 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 Skulpturas with any claim onSkulpturas.
Retention of title
1. Skulpturas remains the owner of all delivered products until the customer has fully complied with all its payment
obligations with regard to Skulpturas under whatever agreement with Skulpturas including of claims regarding the
shortcomings in the performance.
2. Until then, Skulpturas 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 Skulpturas invokes its retention of title, the agreement will be dissolved and Skulpturas has the right to claim
compensation, lost profits and interest.
Delivery
1. Delivery takes place while stocks last.
2. Delivery takes place at Skulpturas 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, Skulpturas 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
Skulpturas.
Delivery period
1. Any delivery period specified by Skulpturas 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 starts once the customer has fully completed the (electronic) ordering process and received an
(electronic) confirmation of his order from Skulpturas.
3. Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the
contract, unless Skulpturas cannot deliver within 14 days after the customer has urged him to do so in writing 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 paid by 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 Skulpturas 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 Skulpturas, failing which Skulpturas cannot be held liable for any damage.
Insurance
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. The warranty relating to products only applies to defects caused by faulty manufacture, construction or material.
2. 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.
3. 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.
Indemnity
The customer indemnifies Skulpturas against all third-party claims that are related to the products and/or services
supplied by Skulpturas.
Complaints
1. The customer must examine a product or service provided by Skulpturas 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 Skulpturas of this as soon as possible, but in any case within 14 days after the
discovery of the shortcomings.
3. Consumers must inform Skulpturas of this within 14 days after detection of the shortcomings.
4. The customer gives a detailed description as possible of the shortcomings, so that Skulpturas 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 Skulpturas being forced to perform other work
than has been agreed.
Giving notice
1. The customer must provide any notice of default to Skulpturas in writing.
2. It is the responsibility of the customer that a notice of default actually reaches Skulpturas (in time).
Joint and several Client liabilities
If Skulpturas enters into an agreement with several customers, each of them shall be jointly and severally liable for
the full amounts due to Skulpturas under that agreement.
Liability of Skulpturas
1. Skulpturas is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or
gross negligence.
2. If Skulpturas 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. Skulpturas is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third
parties.
4. If Skulpturas 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 Skulpturas 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 Dutch
Civil Code.
Dissolution
1. The customer has the right to dissolve the agreement if Skulpturas 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 Skulpturas is not permanent or temporarily impossible, dissolution can only
take place after Skulpturas is in default.
3. Skulpturas 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 Skulpturas 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 Skulpturas in the fulfillment of any
obligation to the customer cannot be attributed to Skulpturas in any situation independent of the will ofSkulpturas,
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 Skulpturas .
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 Skulpturas cannot fulfill one or more obligations towards the
customer, these obligations will be suspended until Skulpturas 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. Skulpturas 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. Skulpturas 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 Skulpturas 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 Skulpturas to third parties without the prior
written consent of Skulpturas.
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
Skulpturas 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 Skulpturas is established is exclusively competent in case of any disputes
between parties, unless the law prescribes otherwise.