Terms and conditions

Article 1. Definitions.

  1. The client is the party, who has ordered the artist Folkert Sierts to deliver the product (a photo), which he/she has wanted.
  2. Folkert Sierts (the artist) ist he party, who has accepted the order given by a client.

Article 2. Applicability.

  1. These terms and condtitions are applicable to the realization, the content and the fulfilment of all agreements made between the client and the artist.
  2. Terms and conditions of the client are only applicable, when it is agreed upon between the client and Folkert Sierts. Explicitly and in writing, that these terms and conditions will prevail over the terms and conditions of the artist.

Article 3. Offer.

  1. Every offer contains the information, that is clear for the client, what his/her rights and duties are, due to his acceptance of the offer.
  2. An offer, quotation, estimation, pre-calculation or any proclamation does not the artist to close the agreement with the client.
  3. Offers of the artist are without obligation and can only be agreed upon without deviations.
  4. Any obvious mistakes in the offer do not bind the artist to the offer.

Article 4. Price.

  1. The price which the artist has stated for the delivered product (a photo) by him will only apply in accordance with the agreed upon specifications.
  2. All prices are excluding VAT and any import costs.
  3. With combined offers there is no obligation to deliver a part of the total products for the partial price of the in the offer mentioned price, or for an equivalent part in the total mentioned price.

Article 5. Agreement and realization.

  1. The agreement will be realized at the moment the client accepts the offer, complies with his conditions and has payed the product-prize. Then the order will be taken into production. After this the cancellation of the order is no longer possible.
  2. An offer can only be provided in the form of a digital delivery-form on the webshop of the artist Folkert Sierts. The client will bear the risks of misunderstandings regarding the content and execution of the agreement, if they are caused by the fact specificatins or other announcements which have been transferred via the webshop of the artist are wrong, incomplete or not send in time.

Article 6. Delivery.

  1. A by the artist given delivery-time is an indication. He needs two, three or more weeks – in the holidays longer. He is in default after the client him notice of default.
  2. The delivery will take place at the address provided by the client, or there is an agreement about an other address.
  3. The risk of damage to and/or loss of the deliverable photo lies by the client up until the moment of delivery to the client or his/her representive.

Article 7. Investigation of the delivery.

  1. The client is responsible for inspecting the delivered photo with a proficient haste after the photo has been delivered and for notifying the artist instantly if it appears the artist has not realized the agreement in a decent fashion. After this inspection the client has to notify the artist within 4 days after the delivery.
  2. The artistis is enttitled to deliver the same photo to he client, unless the default is not mendable. By not inspecting and/or notifying the artist, if the photo has sustained a damage, the client will not get the same photo.

 Article 8. Warranty.

  1. The artist is not accountable for effects of moist extreme UV-radiation or other extreme environtal factors on the delivered photo.
  2. There is no warranty if damages find their origin in the faulty use of the delivered photo.
  3. The client will get a warranty certificate.

Article 9. Others.

  1. The artist is not liable for shortcomings in fulfilling his part of the agreement, if the shortcomings cannot be blamed upon him.
  2. The liability of the artist is limited to and will never exceed the amount paid by the client in relation tot he execution of the agreement.
  3. The artist is not responsible for damages of any kind as a result of the fact, that the client has employed or edited the photo or supplied it to a third party.

Article 10. Personal information.

  1. The artist guarantees that all information received by the client in relation oft he ageement will be considered and treated as confidential.
  2. The artist is not authorized to use the information provided by the client for any other purpose than the purpos for which it was given.

Article 11. Law.

  1. The agreement between the artist and the client will be moderated by the Dutch law.


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