1.1 These Terms and Conditions apply to all products of Casarti.
1.2 The provisions of these General Terms and Conditions can only be deviated from if this has been explicitly agreed in writing and in which case the other provisions of these terms and conditions remain fully in force.
1.3 General Terms and Conditions used by the buyer do not apply unless approved in writing by Casarti.
1.4 "Buyer" means any natural or legal person who is or will be in a contractual relationship of any kind with Casarti.
1.5 Casarti reserves the right to change or supplement the General Terms and Conditions from time to time.
1.6 By using Casarti's internet sites and / or placing an order, the Buyer accepts these General Terms and Conditions as well as all other rights and obligations as stated on the internet site.
1.7 Casarti is authorized to make use of third parties in the implementation of an agreement with the Buyer.
2. Offers and formation of agreements
2.1 Offers or quotations must be regarded as an invitation to potential Buyers to make an offer. Casarti is in no way bound to this, unless this has been laid down in writing and unambiguously. The acceptance of the invitation to make an offer by the potential buyer counts as an offer and only leads to the conclusion of an agreement if the other provisions of this article have been met.
2.2 Offers are valid as long as stocks last.
2.3 A quote has a validity of two (2) weeks, unless a different period is stated in the quote.
2.4 An offer from the potential Buyer as referred to in Article 2.1 is deemed to have been made in one of the following circumstances:
- the potential Buyer has entered the data on the appropriate input screen of the website and sent the relevant data ("order form") to Casarti electronically and these have been received by Casarti.
- the potential Buyer has expressly indicated that he or she wishes to receive a certain product and / or service;
- the Buyer has indicated that he agrees with an offer and this agreement has been received by Casarti.
2.5 An agreement is concluded at the moment that an order confirmation, whether or not by e-mail, has been sent to the Buyer to the (e-mail) address specified by the Buyer. This agreement can be revoked by Casarti if the Buyer does not meet the conditions or has met in the past. In that case, Casarti will inform the Buyer of this within ten (10) days of receiving the order.
2.6 The buyer and Casarti explicitly agree that by making use of electronic forms of communication, a valid agreement is established as soon as the conditions in articles 2.4 and 2.5 are met. In particular, the lack of an ordinary signature does not affect the binding force of the offer and the acceptance of it. The electronic files of Casarti are hereby considered, as far as the law permits, as a presumption of evidence.
2.7 Information, images, verbal announcements, statements, etc. with regard to all offers and the most important characteristics of the products that are provided by telephone or e-mail are given or reproduced as accurately as possible. However, Casarti does not guarantee that all offers and products are fully in accordance with the information provided. Deviations cannot, in principle, lead to compensation and / or dissolution.
2.8 Casarti does not archive agreements. The buyer must take care of this himself. Assignments can be given in the Dutch and English language.
3.1 All prices are expressed in Euros, in accordance with the relevant legal provisions, and include sales tax (VAT).
3.2 The Buyer owes the price that Casarti has communicated to it in its confirmation in accordance with Article 2.5 of these terms and conditions. Obvious (manipulation) errors in the quotation, such as obvious inaccuracies, can also be corrected by Casarti after the conclusion of the agreement.
3.3 Delivery costs are stated with the order and depend on the size and weight of the order to be delivered. Special rates apply for delivery outside the Netherlands and Belgium. With regard to certain payment methods, further conditions apply with regard to the delivery method and the associated costs. This is clearly communicated to the Buyer.
3.4 If the prices for the offered products and services increase in the period between the order and the execution of it, the Buyer can cancel the order or terminate the agreement within ten (10) days after notification of the price increase by Casarti.
4.1 Casarti will proceed with the execution of the agreement after receipt of the (advance) payment, as stated in the order confirmation. Orders via the internet site can be paid in the following ways: iDeal, credit card, PayPall, bank transfer.
4.2 Casarti can expand the payment options in the future. Other payment options will be announced on the website.
4.3 In the event that a payment term has been agreed by Casarti, the Buyer will be in default by the mere expiry of this term. Payment terms can only be agreed in writing under conditions to be set and agreed upon at that time.
4.4 In the event of late or late payment by the Buyer, the day on which the payment should have been made at the latest up to the day of full payment of the outstanding interest is due at the rate of 1.44% per month, whereby a month entered becomes a full month reckoned.
4.5 The Buyer is also responsible for all (extra) judicial costs of any nature whatsoever that Casarti has had to incur as a result of the Buyer's failure to fulfill its (payment) obligations.
5. Delivery and delivery time
5.1 Casarti strives to deliver orders within 6 weeks of receiving the payment.
5.2 The stated delivery times are only indicative, therefore no rights can be derived from this. Casarti may state further information about delivery times on the website or otherwise make it known in writing. Such information is only of an indicative nature.
5.3 Deliveries take place at the address specified by the Buyer during the conclusion of the agreement. As soon as the products to be delivered have been delivered or picked up at the specified delivery address, the risk with regard to these products is transferred to the Buyer.
5.4 For deliveries abroad, different conditions may apply.
6. Exchange and right of withdrawal
The Buyer is obliged to accurately inspect the products (or have them inspected) immediately upon receipt and, in the event of defects, to contact Casarti as soon as possible (within seven (7) days at the latest). Exchanging is only possible on presentation of the original invoice. The Purchaser receives a replacement product or his / her money back, at the discretion of Casarti and all excluding shipping costs.
7. "Not satisfied, money back" guarantee.
7.1 The Buyer is entitled to dissolve the agreement up to 14 days after receipt of a painting from the existing collection solely on the basis of qualitative reasons and / or gross differences with the original. The Buyer must inform Casarti of this by letter or e-mail, stating the order number and a description of any problem.
7.2 When (color or size) adjustments are made on behalf of the buyer to an existing painting from the collection, the option to exchange will lapse. At that time, there is a tailor-made / individual assignment.
8. Retention of title
8.1 Ownership of products, notwithstanding the actual delivery, only passes to the Buyer, after he has fully paid everything he owes by virtue of any agreement with Casarti, including reimbursement of interest and costs, including earlier or later deliveries. and any work performed or to be performed with regard to the products.
8.2 The Purchaser may not, before ownership has passed, tax, sell, resell, dispose of or otherwise encumber the products.
9. Warranty and liability
9.1 If it has not been agreed otherwise in writing, Casarti guarantees that the assignment given to it has been carried out to the best of its ability with due care and expertise.
9.2 Since the Casarti paintings are all made by hand, Casarti does not guarantee that each painting is exactly the same as the photo on the website or the image made available by the Buyer. Colors, designs and sizes of cloths delivered may differ from the photos and specifications shown on the website or supplied by the Buyer.
9.3 Casarti is never obliged to pay any compensation to the Buyer or others, unless there is intent or gross negligence on its part. Casarti cannot be held liable for consequential or commercial damage, indirect damage and loss of profit or turnover.
9.4 If Casarti is obliged to compensate any damage for whatever reason, then that compensation will never exceed an amount equal to the invoice value with regard to the product or service that caused the damage.
9.5 There can be no question of a warranty if the wear can be considered normal.
9.6 The Purchaser is obliged to protect Casarti from any claim that third parties could enforce against Casarti with regard to the implementation of the agreement, as far as the law does not preclude the relevant damage and costs from being borne by the Purchaser.
9.7 It is possible that Casarti includes links on its website to other websites that may be interesting or informative for the visitor. Such links are purely informative. Casarti is not responsible for the content of the internet site to which reference is made or the use that can be made of it.
10. Force majeure.
10.1 In the event of force majeure, Casarti is not obliged to fulfill its obligations towards the Purchaser, or the obligation is suspended for the duration of the force majeure.
10.2 Force majeure is understood to mean any circumstance that is independent of its will, as a result of which the fulfillment of its obligations towards the Buyer is wholly or partially prevented. These circumstances include strikes, fire, business disruptions, energy disruptions, disruptions in a (telecommunications) network or connection or used communication systems and / or the unavailability of the internet site at any time, non-delivery or late delivery of suppliers or other third parties involved and the absence of any government-issued license.
11. Intellectual Property
11.1 The Buyer expressly acknowledges that all intellectual property rights of displayed information, communications or other expressions with regard to the products and / or the internet site are vested in Casarti, its suppliers or other entitled parties.
11.2 Intellectual property rights are understood to mean patent, authors, trademark, drawings and design rights and / or other (intellectual property) rights, including technical and / or commercial know-how, methods and concepts that can be patented or not.
11.3 The Buyer is prohibited from making use of or making changes to the intellectual property rights described in this article, such as, for example, reproduction without express prior written permission from Casarti, its suppliers or other entitled parties, unless it is purely for private use of the product itself.
12. Portrait and copyright
12.1 For all images and photos that are sent to Casarti by post or e-mail to be re-painted, the Purchaser is responsible for any portrait and copyrights.
12.2 The buyer may only use the images and photos painted for him / her for personal use (at home or at the office). It is not permitted to use the paintings for commercial purposes without written permission from Casarti.
12.3 Casarti is at all times authorized to refuse assignments for post-painting of photos or images.
13. Personal Information
14. Applicable law and competent court
14.1 Belgian law is exclusively applicable to all offers and agreements.
14.2 The applicability of the Vienna Sales Convention is expressly excluded.
14.3 The court in the place of business of Casarti is exclusively competent to take cognizance of disputes related to or arising from offers by Casarti or agreements concluded with it.
15. Gift voucher and discount coupon conditions
15.1 Gift vouchers and discount coupons are valid on the entire inventory of Casarti and the stated value is in euros, including VAT. Gift vouchers and discount vouchers cannot be used in conjunction with other promotions.
15.2 If the value of a chosen painting is higher than the value of the gift voucher or discount voucher, the remaining amount must be paid. Any remaining amount does not entitle you to a refund. The gift voucher or discount voucher cannot be exchanged for cash, even after relying on the guarantee referred to in Article 7.
15.3 The gift voucher or discount voucher is valid for 12 months after the issue date, which is stated on the gift voucher.
15.4 Adjusting the value, date of issue, and / or serial number makes the gift voucher or discount voucher invalid.