Terms of Sale
Please read these terms carefully before placing your order and print/save this page for future reference.
Formation of the Contract
1 These terms of sale set out the terms and conditions ("Terms") on which WJMpaintings ("WJM", "we", "us", “our”) supplies paintings/goods ordered from WJM’s website at www.wjmpaintings.com ("The Website"). We also refer you to WJM’s Privacy Policy, which sets out how we use personal information you provide to us. We do not use cookies.
2 These Terms should be read carefully before you place an order for paintings from WJMpaintings. If you do not agree to these Terms, you should not order or mail us your concerns.
3 These Terms, and any contract between us for the sale of paintings to you, are only in the English language.
4 To place an order on the Website, you will need to mail us ( info@wjmpaintings.com ) your personal data, the name of the painting you want to buy and the price of the painting.
5 After you place this order, WJMpaintings will send an email to the address you have provided acknowledging receipt of your order. Please note that this does not mean that at this stage your order has been accepted.
6 WJMpaintings will confirm its acceptance of your order by sending you an email confirming that the requested painting(s) is/are still available and we will add the invoice with the amount to be paid, now with the calculated amount of the costs of Packing and Posting added.
7 After reception of the full amount of our invoice, the painting(s) will be shipped within 1 week (5 Calendar Days). After shipping, we will send you a dispatch email to confirm the shipping, with the shipping details.
8 If you are a consumer, you must be at least 18 years old to order paintings from the website. By accepting these Terms you are confirming that you are at least 18 years old.
If you are using the website to purchase goods on behalf of a business, by accepting these Terms, you confirm that you have authority to bind such business to a contract with WJMpaintings for the purchase of goods/paintings.
9 WJMpaintings may change these Terms without prior notice. Please check these Terms every time you wish to order goods from our Website to ensure you understand the terms which will apply at that time.
10 Each painting is unique and custom made for the buyer.
Availability, Description, Specification and Price of the Goods
1 All paintings are subject to availability. If on receipt of your order the painting(s) you have ordered are not in stock any more, WJMpaintings will inform you as soon as possible.
2 The description and specification of the paintings you order will be as shown on the Website at the time you place your order.
3 Subject to article 4 below, the price of the paintings will be the price quoted on the Website at the date the order is received. All prices are quoted in Euro (EUR) and/or US$ and are without costs of packing and delivery charges, which will be added to the price of the paintings on confirmation of the delivery address and prior to you making payment. All prices on our website www.wjmpaintings.com are with Dutch VAT included.
4 Every effort will be made to ensure that prices shown on the Website are accurate at the time you place your order. If an error is found prior to dispatch of the goods, WJMpaintings will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order.
5 Since the paintings are exported from The Netherlands, buyer will be responsible for complying with all applicable laws and regulations governing the importation of the paintings into the country of destination and for the payment of any import duties or taxes which are levied on them.
Payment
1 Payment for the paintings and delivery charges can be made only to the account number mentioned on our invoice.
2 All deliveries are subject to prior receipt of your payment on our bank account.
3 If, where permitted by these Terms, you receive a (partial) refund for the paintings, we will credit these only to the same account number from which the initial payment was made from.
Delivery and Risk
1 The paintings you order will be delivered to the delivery address you provide when you place your order, subject to confirmation of acceptance of your order by WJMpaintings.
2 All shipments of the paintings will be sent via secure courier service or other ways.
3 If delivery is not accepted at the delivery address provided by you, WJMpaintings will inform you as soon as possible, and will charge you the eventual extra costs as storage charges, extra attempts of delivery etc.
4 A signature will be required on delivery of all shipments. Receipt of a signature at the delivery address for any delivery to you shall be proof that the order has been delivered to you.
5 Every effort will be made to ship the paintings within the time period specified above. If WJMpaintings is unable to ship the goods within the time period mentioned, WJMpaintings will inform you as soon as possible of the revised estimated shipment date.
6 Collection of the paintings: the paintings ordered may also be collected at our Sales Office in Arnhem / The Netherlands. In this case we don’t charge you costs of packing and shipping. Since the paintings are stored in a warehouse and have to be picked up by us, collection can only take place after written notification by us.
7 You will become the owner of the paintings you ordered and responsible for risk of loss or damage to them once they have been delivered to you.
Right of Use
1 Buyer will receive full ownership of the painting bought.
If the painting is used in any commercial way, the name of our website (www.wjmpaintings.com) has to be mentioned.
2 Public Display of Editions or Artwork
You are permitted to display or to authorise any display of any painting purchased by you in a commercial manner without the prior written consent of WJMpaintings. If the painting is used in any display or commercial way, the name of our website (www.wjmpaintings.com) has to be mentioned.
Liability
1 Nothing in these Terms shall exclude or limit our liability for misrepresentation in accordance with the law of The Netherlands.
2 Subject to article 1 above, except as expressly stated in these Terms, to the fullest extent permitted by law, we hereby exclude:
All conditions, warranties and other terms which might be implied into these Terms by law or otherwise;
Any liability for any business loss or damage or any indirect or consequential loss or damage suffered by you in connection with your order of paintings, including loss of revenue, loss of profit, or loss of business, and whether caused by tort (including negligence), breach of contract or otherwise.
3 Subject to article 1 above, WJMpaintings shall not be responsible for any defect in the paintings arising from fair wear and tear, wilful damage, accident, or negligence by you or any third party. Subject to the foregoing, if the paintings supplied to you are in any way defective or you have any other complaint about the goods, you should, in the first instance, contact WJMpaintings by phone or post or email.
4 WJMpaintings shall not be held responsible for any delay or failure to comply with its obligations under these Terms if the delay or failure arises from any cause which is beyond WJMpaintings’ reasonable control.
5 If you are a consumer, you will have legal rights in relation to goods that are defective or not as described. These legal rights are not affected by these Terms.
Marketing communications
WJMpaintings would like to notify you of the availability of new editions and similar artwork that may be of interest to you from time to time. We would also like to send you the WJMpaintings’ Newsletter. If you would like to be notified of new editions and similar artwork and/or subscribe to our Newsletter, please tick the relevant box on the screen on our website.
You will be able to unsubscribe from such notifications or the Newsletter at any time by notifying us in writing at our address or email address.
WJMpaintings' contact details
If you have any queries about e.g. purchase of paintings, these Terms or any other aspect, you can email us at info@wjmpaintings.com .
General
1 You may only transfer your rights or obligations under these Terms to another person if we agree in writing.
2 These Terms are not intended to and shall not create any rights enforceable by any person other than the person who is party to the contract with WJMpaintings for the supply of goods.
3 If any court or relevant authority finds that any of these Terms is unlawful or unenforceable, the validity and enforceability of the other Terms shall not be affected.
4 No failure by us to exercise any right or remedy under these Terms shall constitute a waiver of that or any other right or remedy.
5 These Terms and the supply of the goods by WJMpaintings and any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with Netherlands law, and the Dutch courts will have non-exclusive jurisdiction in respect of any such dispute or claim.
Version of these Terms of Sale: december 2022.