Terms & Conditions

Goldlabels Agency BV
Trading under the name mywallart.com

Article 1 – Definitions
In these terms and conditions, the following definitions apply:
mywallart.com: registered and established at Kuiper 9a (5521 DG) in Eersel, the Netherlands (Chamber of Commerce number: 58130330, VAT number: NL852887772B01, telephone: +31 497-369900, e-mail: info@mywallart.com).
Customer: the party that enters into, intends to enter into, or for whom mywallart.com makes an offer, performs a delivery, or renders a service.

2.1 Business Customer: a customer acting in the course of a profession or business.
2.2 Consumer: a customer who does not act in the course of a profession or business.

Custom-made products: products manufactured according to the customer's specifications that are not prefabricated and are produced based on the customer's chosen shape, dimensions, colour, and material, or that are clearly intended for a specific person.

Article 2 – Applicability

These terms and conditions apply to all offers, quotations, agreements, services, and transactions. In the event of a conflict between the content of the agreement and these general terms and conditions, the provisions of the agreement shall prevail.

In the event of any ambiguity regarding the interpretation of one or more provisions of these terms and conditions, or in the event of a situation not governed herein, the relevant provision or situation shall be construed in accordance with the spirit of these terms and conditions.

If mywallart.com does not at all times require strict compliance with these terms and conditions, this shall not imply that the provisions are inapplicable or that mywallart.com waives, in whole or in part, its right to require strict compliance in other cases.

Article 3 – Quotations

All offers and quotations issued by mywallart.com are without obligation, unless expressly stated otherwise.

Any errors, including incorrect prices, calculation errors, or typographical errors appearing on the website of mywallart.com, in advertising materials, offers and quotations, publications, order confirmations, or other documents issued by mywallart.com, are not binding.

Article 4 – The Agreement

The agreement is concluded upon acceptance of mywallart.com's offer by the customer. The sale is effected upon signature of the order confirmation.

The order confirmation is in principle authoritative. The customer is responsible for carefully reviewing it for any omissions or inaccuracies and for notifying mywallart.com thereof in a timely manner, at the latest within one (1) day of receipt of the order confirmation.

Offers and promotions are time-limited. After the closing date of an offer or promotional period, the customer may no longer avail themselves thereof. Price reductions occurring after conclusion of the agreement — for example through promotions, sales, or discounts on showroom models — do not entitle the customer to a reduction in the purchase price.
Special terms and conditions may apply to offers and promotional campaigns.

Amendments to the agreement and derogations from these general terms and conditions shall only be valid if agreed in writing between the customer and mywallart.com.
If amendments to the agreement result in an increase or decrease of costs, any resulting change to the purchase price shall be agreed in writing.

If it transpires that (further) performance of the agreement is not possible for mywallart.com due to force majeure, mywallart.com is entitled to suspend or dissolve the agreement without incurring any liability for damages. This is without prejudice to the right of either party to submit proposals for amending the agreement in such a manner as to enable proper and complete performance.

In the event of the customer's bankruptcy, suspension of payments, or attachment of the customer's assets, mywallart.com is entitled to dissolve the agreement in whole or in part without notice of default.

Article 5 – Right of Withdrawal / Termination of Agreement

If the customer wishes to terminate the agreement in the absence of any breach and mywallart.com consents thereto, the agreement may be terminated by mutual consent. mywallart.com is entitled to compensation for damages where an order was placed in a specific colour. Unless otherwise agreed, such compensation shall amount to 10% of the purchase price.

If mywallart.com collects the product from the consumer at the consumer's request, the costs thereof shall be borne by the consumer. These amount to €15.00 including VAT for addresses in the Netherlands. The product must be properly packaged and ready for collection at the first entrance threshold at the time of collection. If this condition is not met, the product will not be collected.

The purchase price shall be refunded after mywallart.com has inspected the product and found it to be complete, unused, and undamaged.

Article 6 – Intellectual Property

Unless otherwise agreed in writing, mywallart.com retains all copyrights and intellectual property rights in respect of any offers made, designs, images, drawings, models, and similar materials provided by mywallart.com. The customer may not reproduce, publish, exploit, or display any materials of mywallart.com protected by intellectual property rights without mywallart.com's prior written consent.

Article 7 – Delivery Time

Delivery times are established by mywallart.com on an approximate basis.
In establishing the delivery time and/or performance period, mywallart.com assumes that it will be able to execute the order under the circumstances known to it at that time.
The delivery time and/or performance period commences when agreement has been reached on all commercial and technical details, all necessary information is in the possession of mywallart.com, and, to the extent agreed, any advance payment has been received.

In the event of an overrun of the estimated delivery time and/or performance period, mywallart.com shall be granted an additional reasonable period within which to effect delivery.

Overrun of the delivery time and/or performance period shall in no event entitle the customer to claim damages from mywallart.com.

Article 8 – Transport and Damage Upon Delivery

Unless otherwise agreed, the agreement includes transport of the products by mywallart.com, which bears the risk of damage and loss during transport. If the products are delivered by a professional carrier, mywallart.com shall arrange adequate insurance.
mywallart.com accepts no liability for damage occurring from the first door or threshold of the delivery address onwards. We are, however, pleased to assist in placing the product inside your premises.

If damage is identified upon delivery, the customer shall notify mywallart.com thereof within two (2) working days of delivery, failing which the customer shall be deemed to have received the delivered products without damage.

Article 9 – Delivery

The customer shall ensure that the delivery location is readily accessible and that, to the extent within their control, all necessary measures are taken to facilitate smooth delivery. The customer shall also ensure that the delivery location can be properly secured.

Prior to conclusion of the agreement, the customer shall inform mywallart.com of any special circumstances at the delivery location that may necessitate the use of auxiliary equipment, such as a (removal) lift or crane. The customer shall also ensure that all information relevant to the works (e.g. accessibility of the delivery location) is communicated to mywallart.com in a timely manner.

In the event of incorrect or incomplete information provided by the customer, any (additional) costs arising from the use of special auxiliary equipment shall be borne by the customer.

If a (removal) lift or crane is required, the customer shall ensure its availability at the time of delivery. The associated costs shall be borne by the customer. The customer is and remains solely responsible for the placement and/or transport of products on or in the (removal) lift or crane, the loading and unloading of products, and any damage resulting therefrom.

If upon delivery it transpires that delivery cannot immediately take place due to circumstances attributable to the customer as referred to in this article, and the customer requests a second delivery attempt, mywallart.com is entitled to charge additional freight, delivery, and storage costs to the customer.

Article 11 – Payment

Payment shall be made in Euros. mywallart.com's prices are stated as either inclusive or exclusive of VAT.

Upon entering into an agreement with a consumer, mywallart.com may require an advance payment of up to 30% of the purchase price. In the case of an agreement with a business customer, mywallart.com may, prior to delivery or continuation of performance, require full advance payment of the purchase price or adequate security for the fulfilment of the customer's payment obligations.

Unless otherwise agreed, the net (outstanding) purchase price shall be paid prior to delivery.

mywallart.com retains title to the products until the customer has paid all amounts due under the agreement in full. The customer is obliged to handle the products with due care and may not transfer, pledge, mortgage, or remove or cause to be removed from the premises of delivery any products subject to retention of title, until the purchase price and any accrued interest and costs have been paid in full.

Article 12 – Warranty

Unless otherwise agreed in writing, mywallart.com warrants the conformity of the delivered products for a period of twelve (12) months from the date of delivery.

The customer shall in all cases afford mywallart.com the opportunity to remedy any defect. mywallart.com's liability is limited to the free-of-charge repair of a defective product or its replacement, in whole or in part, at mywallart.com's discretion.

No warranty is given where defects result from normal wear and tear, improper use, failure to perform or incorrect maintenance or installation, (dis)assembly, modification, or repair by the customer or third parties. No warranty is given on products that were not new at the time of delivery, showroom models, products or components covered by a manufacturer's warranty, or product-specific characteristics, including the natural behaviour of wood (see also below).

A limited warranty applies to all wooden components, covering manufacturing defects only. The natural behaviour of wood is expressly excluded, as this does not constitute a defect in the product or its manufacture, but rather an inherent characteristic of the material. Wood is a natural product and will absorb and release moisture. The extent to which this occurs depends, among other factors, on temperature fluctuations and humidity levels. Wood will be less prone to movement if the relative humidity is maintained at a near-constant level.

Article 13 – Liability

The risk of damage rests with mywallart.com until the moment of delivery at the first door or threshold of the delivery address, unless expressly agreed otherwise.

mywallart.com accepts no liability for damage to walls, door frames, floors, or other property caused by the delivery of its products.

mywallart.com accepts no liability for direct or indirect damages arising from defects in the delivered products or otherwise, nor for damages arising from delays in delivery, except in cases of intent or gross negligence on the part of mywallart.com.

Where mywallart.com is liable, its liability shall in no event exceed the total amount of the transaction between the customer and mywallart.com, regardless of the nature or cause of the damage.

Where mywallart.com is unable to invoke any exclusion of liability, its liability shall be limited to the amount covered by its liability insurance policy.

Article 14 – Complaints

Complaints regarding the quality of delivered products or materials, or the execution of the work, may only be submitted to mywallart.com within fourteen (14) days of delivery of the products. Where submission within this period is not reasonably possible, the fourteen (14) day period shall commence from the moment the defect was or could reasonably have been discovered. The complaint must contain a clear and complete description of the grievances and defects identified.

The preceding paragraph is without prejudice to the shorter time limit set out in Article 9.
If the customer elects to have certain works carried out or prevented contrary to the advice of mywallart.com, any complaint relating thereto shall be excluded, unless agreed otherwise in writing.

Article 15 – Governing Law

All agreements to which these terms and conditions apply shall be governed by the laws of the Netherlands.