Article 1

1.1 Eva Miedema | LoveArtEve has her registered office in Noordwijk and is registered at the Chamber of Commerce under filing number 80727522.

1.2 Customer: a natural or legal person who enters into an agreement with Eva Miedema | LoveArtEve.

1.3 Consumer: a Customer as meant in article 1.2, who is not acting in the exercise of profession or company.

1.4 Website of Eva Miedema: the website of Eva Miedema | LoveArtEve to be reached through www.evamiedema.com.

1.5 Products: the most comprehensive definition of a product or case, definitely including, although not exclusively, to say: original works of art by Eva Miedema | LoveArtEve, reproductions of works of art by Eva Miedema | LoveArtEve and other products offered by Eva Miedema | LoveArtEve.

1.6 Agreement: a distance contract, whereby Customer via a by Eva Miedema | LoveArtEve organised system for distance sales of products at Eva Miedema | LoveArtEve and whereby up until the closing of an agreement exclusively one or more techniques for distance communication are used (for example e-mail).

1.7 Reflection time: a time during which a Consumer has the option to bring about the resolving of the purchase, via right of withdrawal.

1.8 Right of withdrawal: the option for a Consumer to – after receipt of the ordered Product(s) to return these Products to Eva Miedema | LoveArtEve within the reflection time and get their purchase price back.

General provisions

Article 2

2.1 These terms apply to all offers and to all agreements (distance contracts) of Eva Miedema | LoveArtEve that extend to the sale of Products.

2.2 The possible by Customer used purchase terms, are explicitly rejected and therefore not apply to agreements entered into with Eva Miedema | LoveArtEve.

2.3 In case one or more provisions in these general terms completely or partially are null and void or are allowed to be declared null and void, the other general terms will remain completely applicable.

2.4 In these general terms, the word ‘in writing’ can also be classified as documents produced in writing that will be sent via electronic ways, definitely including e-mail.

2.5 The content of this website as well as the content of all other expressions of Eva Miedema | LoveArtEve on the internet has been composed with the greatest care. However, Eva Miedema | LoveArtEve cannot provide any guarantees concerning the nature, correctness or content of this information. Eva Miedema | LoveArtEve is not liable for possible occurring errors or inaccuracies, or for the results of the use of the information concerned.

Offers

Article 3

3.1 Product specifications as well as the price of the Product including local VAT are mentioned with the Products offered on Eva Miedema | LoveArtEve website. Shipping costs are displayed before or after the realization of the agreement.

3.2 Products offered on the Eva Miedema | LoveArtEve website contain an as accurately as possible and truthful description and/or image of the offered Product.

3.3 In case the descriptions and/or images as described in article 3.2 turn out differently in reality, Eva Miedema | LoveArtEve is not liable to compensation towards the Customer in any way. The Consumer at all times reserve their right on withdrawal as determined in article 6.1.

3.4 Eva Miedema | LoveArtEve provides the Customer with information about the expected delivery time of the Product; this term is only an indication.

3.5 Possible import duties due are always for account of the Customer.

Realization of an agreement

Article 4

4.1 Agreements come about after the Customer has accepted an offer or quotation issued by Eva Miedema | LoveArtEve and Eva Miedema | LoveArtEve agreed to this acceptation.

4.2 An agreement also comes about in case Eva Miedema | LoveArtEve proceeds with the delivery of Products to the Customer, after a Customer placed an order via the Eva Miedema | LoveArtEve website.

4.3 Eva Miedema | LoveArtEve is always free to – without statement of reason – not agree upon an offer made by a Customer. In the event that the Customer already made payment to Eva Miedema | LoveArtEve, Eva Miedema | LoveArtEve will reimburse this amount to the Customer immediately after the refusal.

Delivery

Article 5

5.1 After the realization of an agreement, Eva Miedema | LoveArtEve will offer the ordered Products for transport. The costs of the transport are displayed during the realization of an agreement.

5.2 Delivery of the order proceeds on the paved road in front of the first door on ground level, unless otherwise agreed upon (in writing) between Eva Miedema | LoveArtEve and the Customer.

5.3 After an agreement between Eva Miedema | LoveArtEve and the Customer has come about, the Products ordered by the Customer will be delivered by a Third Party as soon as possible.

Return of Products

Article 6

6.1 After receipt of the ordered Product(s), Consumer has fourteen (14) days to – on grounds of their Right of withdrawal – return the ordered Product(s) to Eva Miedema | LoveArtEve, provided that they are unopened and undamaged, without statement of reasons.

6.2 After receipt of the Product, Eva Miedema | LoveArtEve will reimburse the invoice value of the Product to the Consumer, within thirty (30) days.

6.3 In case a Consumer uses their Right of withdrawal, the risk of the shipment and the shipping costs will be for account of the Consumer.

6.4 From the moment of receipt of the Product(s), Consumer needs to take all appropriate measures to prevent damage to the Product and/or packages.

6.5 Damaged products will never be taken back by Eva Miedema | LoveArtEve.

6.6 The Consumer cannot make their Right of withdrawal valid in case the ordered Product: has been manufactured to personal preference of the Customer or falls under another exception as mentioned in article 7:46 lid 4 of the Dutch Civil Code.

Guarantee

Article 7

7.1 The Customer needs to check the delivered Products immediately after receipt. Possible defective Products need to be reported to Eva Miedema | LoveArtEve, within a term of seven (7) days at the latest.

7.2 In case Eva Miedema | LoveArtEve declares the complaints as justified, the Customer will be offered repair, a replacing Product or reimbursement of the invoice value of the Product.

7.3 The Customer has no right on Guarantee as described in this article in case conclusion is made that the defect to the Product is caused by the Customer.

Price & Payment

Article 8

8.1 Product specifications as well as the price of the Product including local (NL) VAT are mentioned on the Eva Miedema | LoveArtEve website. Shipping costs are displayed before or during the realization of the agreement. If Import Duties apply to the shipping destination, Eva Miedema | LoveArtEve will not communicate the appropriate duties through the shipping cost of Third party transporter. Shipment is executed on the basis of DAP (Delivered At Place), therefore the customer is responsible for the correct payment of import duties. Eva Miedema | LoveArtEve is not liable for any quotations made by Third Party or Eva Miedema | LoveArtEve upon agreement.

8.2 Payment needs to be settled during the realization of an Agreement.

8.3 Customer needs to report possible inaccuracies in the invoicing to Eva Miedema | LoveArtEve immediately, after which Eva Miedema | LoveArtEve will correct the amount.

8.4 Inaccuracies in the invoicing do not relieve the Customer from any payment obligations or any other obligations reported in these terms.

Retention of title & Intellectual property

Article 9

9.1 The Products delivered by Eva Miedema | LoveArtEve will remain property of Eva Miedema | LoveArtEve until the moment Customer has well-followed up on all the obligations from the agreement closed with Eva Miedema | LoveArtEve. The intellectual property of the Products remain with Eva Miedema | LoveArtEve. Customers of Eva Miedema | LoveArtEve are not allowed to duplicate or place the website or any part of it at someone’s disposal, without permission of Eva Miedema | LoveArtEve.

9.2 In case Eva Miedema | LoveArtEve appeals to retention of title, the relevant closed agreement will be considered resolved, without prejudice to the right of Eva Miedema | LoveArtEve to claim compensation of damage, lost interest and interest.

9.3 The content of the Eva Miedema | LoveArtEve website, including, but not limited to: the texts, images, design, brands and domain names, are property of Eva Miedema | LoveArtEves and are protected by copyright and intellectual or industrial property right that exists under the applicable law. Users of the website are not allowed to duplicate or place the website or any part of it at someone’s disposal, without permission of Eva Miedema | LoveArtEve.

Force Majeure

Article 10

10.1 Eva Miedema | LoveArtEve is not held to follow up on any obligations towards the Customer if they are restricted as a result of circumstances for which they cannot be blamed by law, nor by virtue of the law, an act in law or traffic notions.

10.2 During the period the force majeure lasts, Eva Miedema | LoveArtEve can hold the obligations from the agreement in abeyance. In case the force majeure lasts longer than a period of thirty (30) days, the Customer as well as Eva Miedema | LoveArtEve are entitled to resolve the agreement, without any obligation to reimburse damage suffered by the other party.

Liability

Article 11

11.1 In the event that Eva Miedema | LoveArtEve is held liable, every liability is limited to – maximum- the invoice value of the agreement, at least to that part of the agreement the liability relates to.

11.2 Eva Miedema | LoveArtEve is only liable for immediate damage. With immediate damage is exclusively meant:

The reasonable costs, to determine the cause and the size of the damage, for as far as the determining relates to damage in the sense of these terms.
The possible reasonable costs made to have the deficient performance of Eva Miedema | LoveArtEve answered to the agreement, for as much as they can be imputed to Eva Miedema | LoveArtEve.
Reasonable costs, made to prevent or limit damage, for as far as Customer demonstrates that these costs have lead to limit immediate damage as meant in this article.

11.3 Eva Miedema | LoveArtEve excludes every liability for indirect damage suffered by the use of products supplied by Eva Miedema | LoveArtEve, with the exception of situations in which the damage can be directly blamed to willful intent or gross negligence on the side of Eva Miedema | LoveArtEve, its management and/or managing staff.

11.4 Eva Miedema | LoveArtEve in any case is never liable for the following loss items: Consequential damage, loss profit, lost savings and damage by business interruption.

Applicable law and litigations

Article 12

12.1 Dutch law exclusively applies to all legal relations Eva Miedema | LoveArtEve is a party in. The applicableness of the CISG is excluded.

12.2 The Customer and Eva Miedema | LoveArtEve will not appeal to a Judge until after they have done the utmost to settle a dispute in mutual consultation.

12.3 Unless otherwise determined by rules of mandatory law, Dutch Law is applicable. Any disagreements will be exclusively handled by the courts in Amsterdam.

All images by Eva Miedema | LoveArtEve are protected by Dutch and International copyright law. Reproduction, duplication, printing and distribution of images without prior written permission by Eva Miedema | LoveArtEve is prohibited.

Using images by Eva Miedema | LoveArtEve her will be considered as copyright infringement. Unauthorized use shall be prosecuted for compensation.

If you replicate an artwork and/or sell a replica you’ll be charged for the price of the original artwork at that moment, with a minimum of EUR 5.000 per artwork, plus an additional EUR 5.000 fine. All legal expenses made in this case by Eva Miedema | LoveArtEve will be compensated by the copyright infringer. Eva Miedema | LoveArtEve may, depending on the situation, first offer you a financial settlement plus confiscate all of the infringing artworks with the right to destroy.

If you have any questions please contact us at info@evamiedema.com