Chamber of commerce registration: 86351605
BTW (VAT) registration: NL004301279B98
Address: Jan Pieter Heijestraat 160-3L, 1054MK Amsterdam
Mobile: 0031683781789
Mail: info@dushimorena.com

Terms & Conditions

 

1. Definitions
In these general terms and conditions, the following definitions apply:

* Client
The legal or natural person by whom the work of art is purchased which is subject to these general terms and conditions.

* Artwork
Free Work as depicted on the internet or has been viewed by the client.

* Artist
Alexander Martijn, trade name AXMA, established in Amsterdam and registered at the Chamber of Commerce in Amsterdam with the registration number: 86351605.

* Purchase amount
Price as agreed and recorded in the purchase agreement between client and artist.

 

2. Applicability of general terms and conditions
These general terms and conditions are part of all agreements and apply to all related (legal) acts of the client and/or the artist.

 

3. The agreement
3.1 A purchase agreement is concluded between the client and the artist with a specification of the artwork to be purchased.
3.2 The client has taken into account when concluding the purchase agreement that the works of art as depicted on the internet may have small colour differences and small size differences compared to purchased artwork.

 

4. Payment – Quotes
All prices charged by the artist in person and/or on the website www.dushimorena.com are in euros and do not include the 9% VAT.

 

5. Payment
5.1 Payments can be made in cash, if this has been agreed.
5.2 Payments can be made by bank. The full purchase price must have been paid into the account number stated by the artist in the  purchase agreement before the transfer of the artwork.
5.3 In the event of default by the client of full payment of the purchase price, the artist is entitled to terminate the purchase agreement.
5.4 Unless otherwise agreed, payment in instalments is not permitted.
5.5 The work of art is only transferred to the client as soon as the total purchase amount due has been paid to the artist.
5.6 In the event of non-payment or partial payment of the purchase price, the work of art remains the property of the artist.
5.7 All products sold on this page are non-refundable. Take note of this before placing an order.

6. Liability after delivery
The artist is not liable for damage caused after transfer to the client or to someone designated by the client for the transfer, unless the damage is due to intent or gross negligence on the part of the artist.

 

7. Risk and transfer of risk
The risk of damage, destruction and/or theft of the work of art rests with the artist. This risk passes to the client at the moment that the work of art has been handed over to the client or someone designated by the client for the transfer of the work of art.

 

8. Legal claims
8.1 The client can no longer rely on the fact that the work of art does not comply with what he should have expected on the basis of the purchase agreement if he has not notified the artist of this within a reasonable time after he has discovered this or should reasonably have discovered it.
8.2 Unless otherwise agreed, all claims and defences against the artist lapse by the expiry of 30 (thirty) days after the moment of the transfer.

 

9. Copyright
9.1 The client is obliged to comply with the regulations laid down in the Copyright Act.
As a general rule, this means that nothing may be reproduced or made public without the permission of the artist.
9.2 The artwork is, not personified, depicted on the website www.dushimorena.com

 

10. Force Majeure
10.1 If the artist does not imputably fail to comply of his obligations (force majeure), the artist is not liable, and the fulfilment of those  obligations is suspended for the duration of the force majeure situation.
10.2 Force majeure is also understood to mean any illness of the artist, as well as delays at suppliers and /or delay as a result of any   unsuitability of the material.
10.3 If the force majeure situation has lasted 90 (ninety) days, both parties have the right to terminate the purchase agreement in whole or in part, insofar as the force majeure situation justifies this

 

11. In case the artist decease
11.1 Each agreement ends by operation of law upon the death of the artist.
The client is obliged to purchase and pay the artist's heirs with regard to the work of art mentioned in the purchase agreement. The client will pay the full purchase price to the heirs no later than 14 (fourteen) days after the death of the artist.
11.2 If the artist has no heirs or if the client fails to trace the heirs after having made a reasonable attempt to do so, the purchase agreement is terminated, and the client is no longer obliged to do anything.

 

12. Bankruptcy and suspension of payments
Each of the parties is entitled to dissolve the agreement with immediate effect in the event of bankruptcy or suspension of payment of the other party, without prejudice to any right to compensation.

 

13. Change of circumstances
If such circumstances arise that the artist cannot reasonably be expected to execute the agreement, the artist is entitled to terminate the agreement.