Terms and Conditions

Introduction
These are the General Terms and Conditions for the ARTIS webshop. These apply each time you visit the webshop or place an order. Please read the General Terms and Conditions before placing an order and save them or print them so that you can read them again later.

Article 1 Definitions
In these General Terms and Conditions, the following terms have the following meanings:

• ARTIS: Foundation for the Maintenance of the Zoo of the Royal Zoological Society Natura Artis Magistra, which offers products and/or services to customers remotely;
• customer: a natural person who does not act in the context of practising a profession or operating a business and who enters into a distance contract with ARTIS;
• cooling-off period: the period within which the customer can exercise their 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 in which, through to the conclusion of the agreement, exclusive use is made of one or more technologies for distance communication in the context of a system organised by ARTIS for the distance sale of products and/or services;
• technology for distance communication: any 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 Maintenance of the Zoo of the Royal Zoological Society Natura Artis Magistra 

Plantage Kerklaan 38-40
1018 CZ Amsterdam
The Netherlands

Email 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 favourable to them in the event of conflicting general terms and conditions.

Article 4 Offer and agreement

1. The offer or quotation is valid during the corresponding period or for as long as stocks last. Obvious mistakes or errors in the offer will not be binding on ARTIS.
2. The agreement is formed at the moment when the customer accepts the offer and meets the corresponding conditions.
3. Every agreement is entered into subject to the suspensive condition of sufficient availability of the products concerned. 

Article 5 Right of withdrawal

1. When purchasing products or services at a distance, 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 cooling-off period starts on the day after the day on which the customer receives the product or enters into the agreement for the service.
3. During the cooling-off period, the customer will handle the product and the packaging with care. The customer will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. 
4. If the customer exercises their right of withdrawal, they will return the product with all supplied accessories and, as far as reasonably possible, in the original condition and packaging to ARTIS as soon as possible but no later than within 14 days, in accordance with the reasonable and clear instructions issued by ARTIS.

Article 6 Costs in case of withdrawal 

1. When the customer exercises their right of withdrawal and returns a product, the return shipping costs are at the customer’s expense, unless expressly 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, except in cases where it is suspected that the returned product has been used or damaged due to the customer’s fault or has been opened even though this was not necessary to assess the product.
3. ARTIS may postpone the refund until ARTIS has received the product back or until the customer has demonstrated that the product has been returned, whichever comes first.

Article 7 Exclusion of the 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 of a personal nature;
c.    that cannot be returned due to their nature;
d.    that can spoil or age quickly;
e.    the price is which is subject to 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.    concerning accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period;
b.    the delivery of which has started with the express consent of the customer before expiry of the cooling-off period;
c.    that the customer has demonstrably used before expiry of the cooling-off period;
d.    concerning bets and lotteries.

Article 8 Prices

1. During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, unless VAT rates change.
2. The prices stated in the offer of products or services are inclusive of VAT.
3. ARTIS is entitled to adjust the prices after the formation of the agreement if external costs increase due to currency changes or other factors. 
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 has been stipulated that delivery will take place longer than three months after the purchase or the increase is the result of a statutory price increase.
5. All prices are subject to typing or printing errors. No liability is accepted for the consequences of typing or printing errors. In the event of printing or typing errors, ARTIS is not obliged to supply the product at the incorrect price. 

Article 9 Delivery and execution

1. ARTIS will take the greatest possible care when receiving and executing orders for products and in assessing requests for services.
2. The place of delivery is the address the customer has provided 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 within 30 days, unless a longer delivery period has been agreed. If a delivery is delayed, or if an order cannot be executed or can only be executed in part, the customer will be notified of this no later than 30 working days after placing the order. In that case, the customer has the right to terminate the agreement free of charge.
4. In the event of termination in accordance with the previous paragraph, ARTIS will refund the amount paid by the customer as soon as possible but no later than 30 days after termination.
5. All delivery periods are indicative. The customer cannot derive any rights from any periods stated. If a period is exceeded, this does not entitle the customer to compensation.
6. If delivery of an ordered product proves impossible, ARTIS will endeavour to provide a replacement item.
7. The risk of damage to and/or loss of products rests with ARTIS until the moment of delivery to the customer or a representative designated in advance and communicated to ARTIS, unless expressly agreed otherwise. 
8. If the customer refuses a delivery, ARTIS may charge the resulting costs to the customer. ARTIS is then also entitled to terminate the agreement, without prejudice to the right to claim total compensation.
9. All delivered products remain the property of ARTIS until the customer has fulfilled their obligations under the agreement(s).

Article 10 Authority to suspend and terminate

1. In addition to what is stipulated in the event of force majeure and with regard to withdrawal, ARTIS is authorised to suspend the performance of all or part of its obligations under all agreements existing between the parties, or to terminate these agreements in whole or in part, without notice of default or judicial intervention being required:

a.    if the customer is in default, or if ARTIS has good reason to fear that the customer will not fully perform their obligations in good time; 
b.    in the event of liquidation, suspension of payments, an application for suspension of payments, bankruptcy, debt restructuring or any other circumstance as a result of which the customer can no longer freely dispose of their assets; or
c.    if circumstances arise that make it impossible to perform the agreement or if the unaltered maintenance of the agreement cannot reasonably be required 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 in the event of termination due to circumstances that are not attributable 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 statutory provisions and/or government regulations in force on the date of the formation of the agreement. ARTIS will only guarantee that the product is suitable for purposes other than its normal use if this has been agreed.
2. A warranty provided by ARTIS, the manufacturer or the importer does not affect the statutory rights and claims that the customer can assert against ARTIS under the agreement.
3. The customer is obliged to inspect the delivered products immediately upon receipt. Any complaints or apparent defects must be fully and clearly described and reported to ARTIS within two months, or immediately in the case of external defects. 
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 inform the customer within the period of 14 days as to when they can expect a more detailed answer. 
5. If it has been demonstrated that a product does not comply with the agreement and a complaint has been submitted in good time, ARTIS has the choice to replace the product in question, to arrange for repair or to refund the invoice price plus shipping costs paid.
6. All data, models and illustrations relating to colours, materials, sizes and finishing are indicative. Any deviations from such data, models or illustrations cannot constitute grounds for rejection, discounts, termination of the agreement or compensation, in so far 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 of the start of the cooling-off period referred to in Article 5, paragraph 1. In the event of an agreement to provide a service, this period starts after the customer has received confirmation of the agreement.
2. ARTIS may require full or partial advance payment or payment on delivery when selling products to customers. If advance payment 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 advance payment has been made.
3. The customer will immediately report any inaccuracies in the payment details provided or communicated to ARTIS.
4. In the event of non-payment by the customer, ARTIS is entitled, subject to the relevant statutory restrictions, to charge statutory interest and reasonable extrajudicial collection costs after expiry of the payment period. These collection costs amount to 15% on outstanding amounts up to €2,500, 10% on the next €2,500 and 5% on the next €5,000, subject to a minimum of €40.
5. Before the collection costs are charged, ARTIS will first send the customer a reminder in which the customer is given a period of 14 days to 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 are vested in ARTIS, its suppliers or other entitled parties.

Article 14 Force majeure

1. If ARTIS is unable to perform 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 two months, either party is entitled to terminate the agreement with regard to the products affected by force majeure, without any obligation to pay compensation to the other party for any damage or loss incurred. The customer is then obliged to pay for what has already been delivered.
2. In addition to what is understood by force majeure in the relevant legislation and case law, in these General Terms and Conditions, it is understood to include all external causes, foreseen or unforeseen, over which ARTIS cannot exert influence and as a result of which ARTIS is unable to perform its obligations.

Article 15 Disputes

1. This agreement is governed by Dutch law, even if an obligation is performed in whole or in part outside the Netherlands or if the customer resides there. The applicability of the Vienna Sales Convention is excluded.
2. In the event of disputes, the court of the place where the customer resides has jurisdiction.
3. The parties will only appeal to the court after they have made every effort to resolve the dispute by mutual agreement. Disputes regarding online purchases can also be submitted to the relevant dispute resolution body via the European ODR Platform.

Version: AS20201201
Download the General Terms and Conditions.