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General terms and conditions
General Terms and Conditions with respect to the application of legal relations between the client and De Gulle Ekster B.V.
1. General Terms and Conditions apply to legal relations between De Gulle Ekster B.V. (henceforth ‘DGE’) and any person or legal instance (henceforth ‘client’ or ‘customer’) holding a subscription to products offered on the website. A product consists of a periodic delivery of an object made or chosen by a creative, or of a service provided by creative, or a combination of manufactured or chosen objects and delivered services for an agreed period. This type of object or service is henceforth generally referred to as a ‘delivery item’. A creative may be a photographer, a designer, a visual artist, a writer, or any other person who generates work of a creative nature. In these General Terms and Conditions, for the sake of brevity, the client or customer will be referred to as ‘he’, ‘him’ or ‘his’. De gulle ekster wishes to emphasize nevertheless that, as far as they are concerned, the genders are equal in all respects.
2. By taking out a subscription on a product, a legal agreement is made between the client and DGE, on the basis of which DGE is obliged to deliver every delivery item belonging to the product in question, while the client is obliged to accept every delivery item that belongs to that product, on the conditions agreed.
3. Before being entitled to the product, the client must have transferred the agreed subscription payment to DGE’s bank account. Payment must take place through [PayPal, Ideal, or a credit card system that is acceptable to DGE]. Such pay services are provided by a third party for whom DGE cannot accept ultimate responsibility.
4. If the client believes that a delivered item in his possession is in any way defective or deficient or does not meet the criteria applying to the agreement in some other way, he is obliged to send it back to DGE by return post and, whatever the case, to report this to DGE within a week of delivery of the item. Inasmuch as the delivery item is an object, the client must return the delivery item to DGE as soon as possible and always, whatever the case, within one week. DGE will endeavor to restore or repair any shortcomings, or to have these restored or repaired. In the case of any non-conformist deliveries, DGE has no further obligation than the obligation to repair.
5. The client himself must assess whether or not use of the delivery item forms any risk to the physical presence and well-being of the client, or his fellow residents or visitors. DGE cannot be held accountable for any damage that may result from use of a delivery item, unless the client can prove that this damage is the direct result of deliberate negligence or willful recklessness on the past of DGE.
6. Also on behalf of the clients, DGE has managed to obtain a guarantee from the creatives that the delivery items they develop form no breach of any intellectual copyright owned by a third party. The guarantee is given by the creatives, not by DGE. If a creative is guilty of any transgression of this guarantee, DGE cannot be held responsible.
7. Some objects are offered in limited edition. DGE cannot be held responsible if a certain object is no longer available, while the website indicates that the object is indeed in stock.
8. Should DGE be incapable of supplying a delivery item as a consequence of a death, bankruptcy or any shortcomings on the part of a creative, or due to any other cause beyond the sphere of influence of DGE, DGE cannot be held accountable for any shortcoming in the relationship with the client.
9. In accordance with the Distance Selling Directive (articles 7:46a to 7:46j of the Dutch Civil code) the client has the right to dissolve, within seven days of receiving a delivery item, the agreement to accept that delivery item, without having to declare a reason for the refusal, in which case the client has the right to recoup the sum he has paid for the item. He himself is obliged to return the delivery item to DGE. This right of dissolution does not apply when the delivery item is clearly of a personal nature or can rapidly decay or become obsolete. If the delivery item consists of a service, the term of seven days begins at the moment when the agreement is made, and the right of dissolution does not apply if the creative has already begun to supply the service before this term has expired.
10. Every claim against DGE or the creative that the client may wish to lodge in connection with service automatically expires one year after the claim has arisen.
11. The DGE website offers the public the opportunity to buy delivery items independently – thus without taking out a subscription on the products. Articles 3 to 10 of these General Terms and Conditions apply to purchases thus arranged.
12. The client is not entitled to cancel the agreement involving delivery of the relevant product before the end of the agreed period. Prior to the end of the agreed period, DGE can make the client an offer to enter into a new agreement for a new period. If the client does not accept the offer, the agreement ends with the expiry of the agreed period.
13. DGE is entitled to terminate the legal relationship with immediate effect if the client does not fulfill his payment obligations and does not settle the disparity after he has been informed of the need to do so within one week.
14. DGE is entitled to alter these General Terms and Conditions. If it does so, it will announce this in an e-mail to the client, with a term of eight weeks before the proposed measure comes into effect. If the client can plausibly claim that the alteration is so unacceptable to him that it cannot reasonably be expected that he will continue the legal relationship, he is entitled to terminate the legal relationship during the agreed term of four weeks normally allowed for such action, with the further observance of a notice period of two months. During the notice period, the General Terms and Conditions remain as they were prior to the alteration. Termination on the basis of this stipulation gives the client no right to any damages or any other form of compensation.