Consumer Terms and Conditions for purchases from the Da Capo al Coda B.V.
1 Identity of the Entrepreneur, Applicability, Contract Language
1.1 The following Consumer Terms and Conditions (“CT&C”) apply to all contracts concluded between you, the consumer, and us, the company Da Capo al Coda B.V. (“DCaC”), a private limited liability company, also operating under the name Da Capo al Coda Gallery, for the purchase of unique items or sometimes art pieces (“Items”) from artists other than Marcel Wanders.
1.2 Contact Details:
Da Capo al Coda B.V.
PO Box 11332
1001 GH Amsterdam
Registration number Dutch Chamber of Commerce: 78.282.233.
You can contact us via firstname.lastname@example.org.
Via telephone: +31 (0)20 422 1339.
1.3 The exclusive language available for the conclusion of the contract shall be English. Translations of these CT&C to other languages are for information only. In the event of contradictions between the English text and the translations, the English text shall prevail.
1.4 The CT&C are available via our website www.dacapoalcodagallery.com and printable.
2 Applicable Law, Mandatory Consumer Protection Regulation
2.1 The law of The Netherlands shall apply excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), if
a) your habitual residence is in The Netherlands, or
b) your habitual residence is situated in a state not being member of the European Union.
2.2 In the event that your habitual residence is in a member state of the European Union, Dutch law applies provided Dutch law is not in conflict with mandatory rules of the state in which your place of residence is situated. Such rules shall remain unaffected.
3 Conclusion of contract
3.1 The presentation of the Items in our Da Capo al Coda Gallery does not constitute a legally binding offer, but merely an invitation to contact us by email.
3.2 After you have filled in your contact details in the form on the webpage, we will send you more information about the preferred Items from Da Capo al Coda Gallery.
3.3 We can make you an offer by email, but we are entitled to change and adjust this offer at any time, until you accept the offer. The offer contains a complete description of the offered Items from Da Capo al Coda Gallery, of the way the sales price shall be calculated, and of the fact that extra cost shall be calculated, such as shipment cost and taxes. We are not bound by obvious mistakes or errors in the offer.
3.4 An offer made or done by us will be binding only during a period of 30 days after the date of the offer, unless expressly stated otherwise by us. After this period, the offer will lapse and can no longer be invoked without our explicit consent.
3.5 A contract comes into existence between you and us as soon as you accept our offer. We will confirm the receipt of the acceptance by means of a separate mail within 14 days. Please regularly check the spam folder of your mailbox.
3.6 We reserve the right to not deliver our Items outside the EU.
4 Storage of the contract text
4.1 You will receive the contractual provisions together with information on the items ordered including these T&C and the information on the right of withdrawal by email in storable and printable format before acceptance of the contract offer or together with the offer. We do not store the contractual provisions for you.
5 Collecting, saving and processing of your personal data
5.1 In order to process your order we need the following data:
- your first and family name
- your email address
- your postal address
- your delivery address
- your telephone number
- your bankaccount number
5.2 Without your further consent, we will use the data mentioned in subsection 0 only in order to process your order, in particular for delivery to your address. If you pay by bank transfer, we also use your banking data in order to carry out your payment. A use of your personal data for advertising, market research or for the purpose of a needs-based design of our offers, will take place only with your explicit consent or if permitted by law without consent.
5.3 Your data is not saved longer than is necessary and will be deleted as soon as the retention periods under tax and commercial law have expired, unless you have expressly agreed to your data being used further.
5.4 If your personal information shall change, you yourself are responsible for its update. All amendments can be made by sending the changed information to the email address as mentioned in subsection 1.2.
6 Prices, Payment Conditions and Shipment Costs
6.1 The prices mentioned on our website are approximate prices and without shipment cost and taxes. The prices of the Items depend on various circumstances, e.g. size and number of Items, your address, country, and shall be offered by us after contact is made via email. In the offer we shall mention the cost and taxes.
6.2 The shipment cost and taxes indicated by us in the Da Capo al Coda Gallery are approximate cost and depend on the Items offered. The shipment cost and taxes communicated in the offer are binding after acceptance within the applicable term.
6.3 In a delivery to a non-EU country you will have to bear all additional import and export costs, as well as all duties, taxes and fees.
6.4 The purchase price (in Euros, unless otherwise agreed) can be paid in advance by bank transfer or can be paid by credit card.
6.5 We will have the right to adjust a price that we have offered to you if the cost i) for any reason whatsoever proves to be higher for us than the price offered, or ii) is higher than foreseen by us at the time of conclusion of the contract. In this event, you have the right to dissolve the contract.
6.6 You decline the right to receive an invoice on paper.
7 Retention of Title
7.1 The Items shall remain our property until full payment. If you fall behind with your payment more than 10 days after due date, we reserve the right to withdraw from the contract and to reclaim the Items.
8 Delivery Conditions
8.1 We deliver the Items pursuant to the agreements made by email.
8.2 Should the Items be in stock the delivery time is 30 days, unless a different term has been agreed upon. Should the Items not be in stock, the delivery time will be agreed upon at the moment of conclusion of the contact. Differing delivery times are displayed in the Item details or are communicated by email.
8.3 Should not all Items ordered be in stock, we reserve the right of partial delivery on our expenses, as far as this will be reasonable for you.
8.4 Should the delivery of the Items fail due to your fault, despite delivering attempt, we are authorized to withdraw from the contract. Payments already made will be refunded to you after deduction of incurred costs for the unsuccessful attempts to deliver.
8.5 In case the Item ordered is not available without our personal negligence, we may withdraw from the contract. In this event, we will inform you without delay and will, if necessary, refund payments already made.
9 Right of Withdrawal
9.1 As a consumer in the European Union you have in accordance with the rules described in the attachment below a right of withdrawal. A consumer means every natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession.
10.1 If the delivered Gallery items are defective, you are entitled, within the scope of legal provisions, to request rectification (at our discretion, either a removal of the defect or the delivery of faultless material), to withdraw from the contract or to reduce the purchase price.
As the Items offered are unique Items or sometimes pieces of art, we cannot give any warranty on the well-functioning of the Items. E.g. The Items shaped as a vase does not necessarily be suitable to use as a vase. If you buy Items for a certain usage, the risk of well-functioning for that particular use lies completely with you.
11 Liability and Limitation of Liability
11.1 We are without limitation liable for intent and gross negligence.
11.2 We are liable for the negligent breach of obligations, whose fulfilment is essential to enable the ordinary implementation of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance you as a customer may rely on regularly (material duty). In this case, we are only liable for the foreseeable, typical contractual damage. We are not liable for slight negligent breach of other obligations than those mentioned in the above sentences.
11.3 The abovementioned exclusions of liability do not apply in case of damage of life, body and health or in the case of malicious non-disclosure of a fault. The liability pursuant to the product liability law remains unaffected.
11.4 In all situations our liability shall never exceed the amount covered by our insurance company.
11.5 We shall only be liable for our own content depicted in the Da Capo al Coda Gallery. To the extent that we provide links for the access to other websites, we are not responsible for the information at these external websites and do not adopt them as our own. Should we become aware of unlawful content on external websites, we will remove the link from our website immediately.
12.1 Any complaint about our items and services must be done in writing by email or post to our address as stated in these T&C.
12.2 If you have a complaint about our items or services you need to submit your complaint, fully and clearly specified, within a reasonable period of time after you noticed the defect.
12.3 Your complaint will be handled by us within a period of fourteen days after receipt. If we need more time, we will send you an indication of the time we need to handle your complaint.
12.4 You will grant us at least a period of two months to solve the complaint in joint consultation before you seek extrajudicial resolution or judicial recourse.
13 Final Provisions
13.1 These CT&C are complete and final. Amendments and changes of these CT&C shall be made in writing in avoidance of any doubt or dispute between the parties regarding the content of the contract.
13.2 If, on conclusion of this contract, you had your place of residence or habitual place of residence in The Netherlands and you relocated it to a location outside The Netherlands at the time of commencement of proceedings by us or if your place of residence or habitual place of residence is unknown at this time, the jurisdiction for all disputes shall be the seat of our company in Amsterdam. However, we shall be entitled to sue the customer at his local court as well.
13.3 We would like to point out that, besides the legal recourse, there also exists the possibility of an extrajudicial resolution pursuant to regulation (EU) no. 524/2013. For details, please see regulation (EU) no. 524/2013 and website http://ec.europa.eu/consumers/....
13.4 Should individual provisions of this contract be invalid, this shall not affect the validity of this contract as a whole.
Information on the Right of Withdrawal
Right of Withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last Item.
To exercise the right of withdrawal, you must inform us, Da Capo al Coda BV, PO Box 11332, 1001 GH, Amsterdam, The Netherlands of your decision to withdraw from this contract by an unequivocal statement (a letter sent by post or email). You may use the attached model withdrawal form, but it is not obligatory. If you use this option, we will communicate to you an acknowledgement of receipt of such withdrawal on a durable medium (e.g. by email) without delay.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the items back or you have supplied evidence of having sent back the items, whichever is the earlier.
You shall send back the Items or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the Items before the period of 14 days has expired. You will have to bear all direct cost of returning the items. You are only liable for any diminished value of the items resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the items.
Please use the original packing material in the event of sending back the Items, if the original packing material is still at hand. If not, please pack the Items duly and carefully.