(X=Y) Art & Design Magazine

General Terms and Conditions

Definitions

1. (X=Y): company established in Haarlem, The Netherlands and registered with the Chamber of Commerce under registration number 34361781 acting under the name (X=Y).
2. Website: the website of (X=Y), which can be consulted via www.x-is-y.com and all associated subdomains.
3. Customer: the natural person not acting in the exercise of a profession or business who enters into an Agreement with (X=Y).
4. Artist: the creator of works of art that are displayed on the Website of (X=Y).
5. Agreement: every agreement or agreement between (X=Y) and Customer, of which the General Conditions form an integral part.
6. General Terms and Conditions: these General Terms and Conditions.

Applicability of the General Terms and Conditions
1. The General Terms and Conditions apply to all offers, agreements and deliveries of (X=Y), unless explicitly agreed otherwise in writing.
2. If the Customer includes provisions or conditions in his order, confirmation or notification containing acceptance that deviate from or do not appear in the General Terms and Conditions, these will only be binding for (X=Y) if and insofar as these have been accepted explicitly in writing.

Prices and information

1. All prices stated on the Website and in other materials originating from (X=Y) include VAT and other levies imposed by the government.
2. If shipping costs are charged, this will be clearly stated in time for the conclusion of the Agreement. In addition, these costs will be shown separately in the ordering process. Additional fees like customs are not shown.
3. The content of the Website has been compiled with the utmost care. (X=Y) can not guarantee that all information on the website is correct and complete at all times. All prices and other information on the Website and in other materials originating from (X=Y) are therefore subject to apparent programming and typing errors.
4. (X=Y) can not be held responsible for (color) deviations due to screen quality.

Establishment Agreement
1. The Agreement is concluded at the moment of acceptance by the Customer of the offer of (X=Y) and the fulfillment of the conditions set by (X=Y).
2. If the Customer has accepted the offer electronically, (X=Y) will immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed, the Customer has the option to dissolve the Agreement.
3. If it appears that incorrect data have been provided by Customer when accepting or otherwise entering into the Agreement, (X=Y) has the right to comply with its obligation only after the correct data has been received.
4. (X=Y) has the right to refuse orders from customers who act in the exercise of their profession or business.

Implementation Agreement

1. As soon as the order has been received at (X=Y), (X=Y) will send the products as soon as possible with due observance of the provisions of paragraph 3 of this Article. Different rules are applied for Art. See the Article Art.
2. (X=Y) is entitled to engage third parties in the performance of the obligations arising from the Agreement.
3. The delivery period is in principle 30 days. The method of delivery can take place in different ways and is at the option of (X=Y).
4. If (X=Y) is unable to deliver the products within the agreed term, it will inform the Customer thereof. In that case, the Customer can agree to a new delivery date or he will have the option to dissolve the Agreement free of charge.
5. Shipping outside of the EU may come with extra costs outside of the normal shipping fees.
6. (X=Y) advises the Customer to inspect the delivered products and to report the defects found within 24 hours, preferably by email or by telephone.
7. Once the products to be delivered have been delivered to the specified delivery address, the risk, as far as these products are concerned, is transferred to the Customer. If explicitly agreed otherwise, the risk will pass to Customer earlier.
8. If the ordered product is no longer available Customer is entitled to terminate the agreement free of charge.

Right of withdrawal
1. The Customer has the right to dissolve the Agreement with (X=Y) within 14 calendar days after receipt of the product, without giving reasons, free of charge. The term commences on the day after the Customer, or a third party designated by him in advance, who is not the carrier, has received the product.
2. Customer must bear the return costs himself.
3. Within the withdrawal period referred to in paragraph 1, Customer will handle the product and the packaging with care. The Customer will only open the packaging and only use the product to the extent that this is necessary to verify the nature, characteristics and functioning of products. The starting point here is that this inspection may not go further than that Customer could in a physical store.
4. The Customer is only liable for the value reduction of the product that is the result of a way of handling the product that goes further than allowed in the previous paragraph.
5. The Customer can dissolve the Agreement in accordance with paragraph 1 of the term set in this Article by passing this on by e-mail to (X=Y). (X=Y) then confirms receipt of that message. After termination, the Customer has 14 days to return the product. Products can be returned to: (X=Y), Van Loghemstraat 2-III, 2033 XP Haarlem, The Netherlands.
6. Amounts already paid by the Customer (in advance) will be refunded to the Customer as soon as possible, but no later than 14 days after termination of the Agreement, in the same manner as the Customer has paid the order.

Payment
1. Customer must pay (X=Y) according to the payment methods specified in the ordering procedure and possible on the Website. (X=Y) is free in the choice of offering payment methods and these can also change from time to time.

Art
1. (X=Y) also intermediates between sellers and purchasers of art. When acting as an intermediate, (X=Y) will do its utmost to achieve and realize a sale. Nevertheless, it can occur that a work that is offered for sale on (X=Y) is no longer available at the moment a payment or deposit is transferred. Should this be the case, (X=Y) will inform the purchaser and pay back the paid sum without delay.
2. (X=Y) aims to deliver works within 30 days after purchase. After payment the purchaser will be contacted, either by email or by telephone, on the delivery process. During this contact a faster delivery can be discussed.
3. Purchase prices include VAT. Delivery is not included in the prices but possible, this will be discussed with the purchaser when contacting the purchaser on the delivery process.
4. In case the Customer is not satisfied with the work purchased through (X=Y), Customer can send (X=Y) an email within 30 days after the purchase so (X=Y) can start the return procedure. Works must be returned in person or shipped and assured as indicated by (X=Y).
5. Any damage to the work must be notified on receipt to the delivering or – in case the work is picked up by the purchaser – transferring party ((X=Y), the artist or the artist’s gallery). Such notification must be registered in writing on the designated form attached to the work. Therefore, it’s important to inspect the work before accepting it. Damaged works cannot be returned.
6. Since (X=Y) only acts as an intermediate for selling parties, (X=Y) cannot be held liable for any damage occurring from the artworks purchased through (X=Y). In as far damage occurs from the intermediation by (X=Y), (X=Y) can only be held liable in case of gross negligence or intentional act on the side of (X=Y).
7. The Artist retains all the moral rights and intellectual property on the artwork.
8. The Artist may request an Agreement of Transfer and Archive (ATA) from the Customer.

Final provisions

1. Dutch law applies to the Agreement.
2. Insofar as mandatory rules do not prescribe otherwise, all disputes that may arise as a result of the Agreement will be submitted to the competent Dutch court in the district where (X=Y) is established.
3. If a provision in these Terms and Conditions proves to be invalid, this does not affect the validity of the entire General Terms and Conditions. In that case, the parties will determine (a) new provision (s) to replace them, whereby the intention of the original provision is given shape as far as legally possible.