Terms and Conditions

preface
These are the General Terms and Conditions for the ARTIS webshop. These apply every time you visit the webshop or place an order. Read the terms and conditions before placing an order and save or print them so that you can read them later.

article 1 definitions
In these conditions the following terms have the following meanings:

  • ARTIS: Foundation for the conservation of the Zoo of the Royal Zoological Society Natura Artis Magistra that offers products and / or services to customers from a distance;
  • customer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with ARTIS;
  • reflection period: the period within which the customer can make use of his right of withdrawal;
  • right of withdrawal: the option for the customer to cancel the distance contract within the cooling-off period;
  • distance contract: an agreement whereby, in the context of a system organized by ARTIS for the distance sale of products and / or services, up to and including the conclusion of the agreement, only one or more techniques for distance communication are used;
  • technology for distance communication: means that can be used to conclude an agreement, without the customer and ARTIS being together in the same room at the same time.

article 2 identity of ARTIS
Foundation for the conservation of the Zoo of the
Royal Zoological Society Natura Artis Magistra

Plantage Kerklaan 38-40
1018 CZ Amsterdam

e-mail address: webshop@artis.nl
Chamber of Commerce number: 41199694
VAT identification number: NL0029.58.958.B.01

article 3 applicability

  1. These general terms and conditions apply to every offer from ARTIS via the ARTIS webshop and every distance contract concluded between ARTIS and the customer.
  2. In the event that specific product or service conditions apply in addition to these general terms and conditions, the customer can always rely on the applicable provision that is most favorable to him in the event of conflicting general terms and conditions.

article 4 the offer and the agreement

  1. The offer or quotation is valid during the associated term or while stocks last. Obvious mistakes or errors in the offer are not binding for ARTIS.
  2. The agreement is concluded at the moment of acceptance by the customer of the offer and compliance with the corresponding conditions.
  3. Every agreement is entered into under the suspensive conditions of sufficient availability of the products concerned. 

article 5 right of withdrawal

  1. When purchasing products or services remotely, the customer has the option to terminate the agreement without giving reasons within 14 days by means of an unambiguous statement or via the model withdrawal form on the ARTIS website.
  2. This reflection period starts on the day after receipt of the product or the conclusion of the agreement for the service by the customer.
  3. During the cooling-off period, the customer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. 
  4. If the customer makes use of his right of withdrawal, he will return the product with all accessories and - as far as reasonably possible - in the original condition and packaging to ARTIS as soon as possible, but no later than 14 days, in accordance with the reasonable and clear instructions.

article 6 costs in case of withdrawal

  1. When the customer makes use of his right of withdrawal, the costs of returning the goods are for his account, unless explicitly agreed otherwise in writing.
  2. When the customer has paid an amount, ARTIS will refund this amount as soon as possible, but no later than 14 days after withdrawal, unless it is suspected that the returned product has been used or damaged by the customer's fault, or has already been opened while this is not necessary to evaluate the product.
  3. ARTIS may postpone the refund until ARTIS has received the product back, or the customer has demonstrated that the product has been returned, whichever comes first.

article 7 exclusion right of withdrawal
1. The customer's right of withdrawal does not apply to the distance purchase of products:
a. that have been created by ARTIS in accordance with the customer's specifications;
b. that are clearly personal in nature;
c. that cannot be returned due to their nature;
d. that can spoil or age quickly;
e. whose price depends on fluctuations in the financial market over which ARTIS has no influence;
f. for individual newspapers and magazines;
g. for audio and video recordings and computer software of which the customer has broken the seal.
2. The customer's right of withdrawal does not apply to the distance purchase of services:
a. regarding accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period;
b. the delivery of which commenced with the express consent of the customer before the reflection period has expired;
c. which the customer demonstrably used before the reflection period has expired;
d. regarding betting and lotteries.

article 8 the price

  1. During the validity period stated in the offer, the prices of the products and / or services offered will not be increased, unless the VAT rates change.
  2. The prices stated in the offer of products or services include VAT.
  3. ARTIS is entitled to adjust the prices after the conclusion of the agreement when external costs (whether or not due to currency changes) increase. 
  4. ARTIS will inform the customer of such an increase as soon as possible, after which the customer has the right to terminate the agreement, unless it is stipulated that the delivery will take place longer than 3 months after the purchase, or the increase is the result. of a legal price increase.
  5. All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typing errors, ARTIS is not obliged to deliver the product at the wrong price. 

article 9 delivery and implementation

  1. ARTIS will take the greatest possible care when receiving and implementing orders for products and when assessing requests for the provision of services.
  2. The place of delivery is the address that the customer has made known to ARTIS.
  3. In addition to what is stated in paragraph 4 of this article, ARTIS will execute accepted orders with due speed, no later than 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot be executed or only partially, the customer will be notified of this no later than 30 days after placing the order. In that case, the customer has the right to terminate the agreement without costs.
  4. In case of dissolution in accordance with the previous paragraph, ARTIS will refund the amount that the customer has paid as soon as possible, no later than 30 days after dissolution.
  5. All delivery times are indicative. The customer cannot derive any rights from any stated terms. Exceeding a term does not entitle the customer to compensation.
  6. If delivery of an ordered product proves impossible, ARTIS will endeavor to provide a replacement item.
  7. The risk of damage and / or loss of products rests with ARTIS until the moment of delivery to the customer or a pre-designated representative made known to ARTIS, unless expressly agreed otherwise. 
  8. If the customer refuses a delivery, ARTIS can charge the resulting costs to him. ARTIS also has the right to terminate the agreement, without prejudice to the right to claim total compensation.
  9. All products delivered remain the property of ARTIS until the customer has fulfilled his obligations under the agreement (s).

Article 10 suspension and dissolution power

1. In addition to what has been determined in the event of force majeure and with regard to withdrawal, ARTIS is authorized to (partially) suspend the performance of its obligations under all agreements existing between the parties or to dissolve these agreements in whole or in part without notice of default or judicial intervention. :

a.if the customer is in default or ARTIS has good reason to fear that the customer will not or not fully and / or not timely fulfill his obligations;
b. in the event of liquidation, of (application for) suspension of payments, bankruptcy or debt rescheduling or any other circumstance as a result of which the customer can no longer freely dispose of his assets; or
c. if circumstances arise that make it impossible to fulfill the agreement or if the unaltered maintenance of the agreement cannot reasonably be expected of ARTIS.

2. In the cases referred to in the previous paragraph, any obligations of the customer will also become immediately due and payable and ARTIS will not be obliged to pay any compensation. The latter does not apply if there is a dissolution as a result of circumstances that cannot be attributed to the customer.

article 11 warranty and complaints

  1. ARTIS guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions existing on the date of the conclusion of the agreement and / or government regulations. Only when this has been agreed, ARTIS also guarantees that the product is suitable for other than normal use.
  2. A guarantee provided by ARTIS, manufacturer or importer does not affect the legal rights and claims that the customer can assert against ARTIS on the basis of the agreement.
  3. The customer is obliged to check the delivered products immediately upon receipt. Any complaints or apparent defects must be reported fully and clearly described in writing to ARTIS within 2 months at the latest - and in the case of external defects immediately. 
  4. Complaints submitted to ARTIS will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, ARTIS will let you know within 14 days when the customer can expect a more detailed answer. 
  5. If it has been demonstrated that a product does not comply with the agreement and a timely complaint has been made, ARTIS has the choice to replace the product in question, to arrange for repair or to refund the invoice price plus paid shipping costs.
  6. All data, models and images regarding colors, materials, sizes and finish are indicative. Deviations herein cannot constitute grounds for rejection, discount, dissolution of the agreement or compensation, insofar as these deviations are of minor importance.

article 12 payment

  1. Unless otherwise agreed, the amounts owed by the customer must be paid within 14 days after the start of the reflection period as referred to in Article 5 paragraph 1. In the event of an agreement to provide a service, this period commences after the customer has received confirmation of the agreement.
  2. ARTIS may require (partial) advance payment or cash on delivery when selling products to customers. When prepayment has been stipulated, the customer cannot assert any rights whatsoever with regard to the execution of the order or service (s) concerned, before the stipulated prepayment has been made.
  3. The customer will immediately report inaccuracies in provided or stated payment details to ARTIS.
  4. In the event of non-payment by the customer, ARTIS has the right, in addition to legal restrictions, to charge statutory interest and reasonable extrajudicial collection costs after the payment term has expired. These collection costs amount to: 15% on outstanding amounts up to € 2,500; 10% over the next € 2,500 and 5% over the next € 5,000 with a minimum of € 40.
  5. Before the collection costs are charged, ARTIS will first send a reminder to the customer, in which the customer will be given a period of 14 days to still pay the claim.

article 13 intellectual property rights
The customer expressly acknowledges that all intellectual and / or industrial property rights with regard to the products, materials and information made available to the customer by ARTIS rest with ARTIS, its suppliers or other entitled parties.

article 14 force majeure

  1. If ARTIS is unable to fulfill the agreement due to force majeure, ARTIS is entitled to suspend its obligations until the force majeure situation has ended. If this period lasts longer than 2 months, then each party is entitled to dissolve the agreement with regard to the products affected by force majeure, without any obligation to pay compensation to the other party. The customer is then obliged to pay for what has already been delivered.
  2. In these general terms and conditions, force majeure is understood to mean, in addition to what is understood by law in case law, all external causes, foreseen or unforeseen, on which ARTIS cannot exert influence, and as a result of which ARTIS is unable to fulfill its obligations. to come.

article 15 disputes

  1. This agreement is governed by Dutch law, even if an obligation is fully or partially implemented abroad or if the customer is domiciled there. The applicability of the Vienna Sales Convention is excluded.
  2. In case of disputes, the court of the customer's place of residence is competent.
  3. The parties will only appeal to the courts after they have made every effort to settle a dispute in mutual consultation. Disputes regarding online purchases can also be submitted to the disputes committee via the European ODR Platform.

Version: AS20201201
Download the Terms and Conditions

en