General terms and conditions le Bump
Version 20 February 2021
Article 1 – Definitions
In these General terms and conditions the following words have the following meanings:
- ‘The artwork’: the work that is further referred to in the contract between le Bump and the client.
- ‘le Bump’: the contractor and seller of the artwork; established in Amsterdam and having its office at Bloemgracht 278, 1015 TV, Amsterdam, registered in the trades register of the Chamber of Commerce under file number: 54914965 and establishment number: 000024629650, telephone number: +31(0)641153879, email: firstname.lastname@example.org.
- ‘The client’: the natural or legal person who enters into a contract with le Bump for the supply of goods and services.
Article 2 – Applicability of General terms and conditions
- These General terms and conditions, with the exclusion of any conditions of the client – which are hereby explicitly rejected insofar as may be necessary – are exclusively applicable to all contracts, orders, offers and quotations concluded with or issued by le Bump.
- These General terms and conditions can be viewed and downloaded via the website of le Bump: https://lebumpstudio.com/en/legal/tos.
Article 3 – Creation of the contract
- All written price proposals and offers made by le Bump are without commitment and are valid in unchanged circumstances for 7 calendar days following their date of issue, unless otherwise expressly stated in writing in the offer. If the client has not accepted the offer within the above period, the offer expires. After the expiry of the offer, le Bump is entitled to revise the offer.
- The obligations of le Bump never extend beyond that which is confirmed by it to the client in writing.
- The effect of sections 7:404 and 7:407 (2) of the Civil Code (“CC”) is excluded as far as possible, whereby among other things it is understood that the artwork is the product of a creative process and le Bump is free to make choices in producing it.
Article 4 – Prices
- All prices are stated in euros and include VAT.
- The client must pay the purchase price in full on the date of delivery or, if otherwise agreed, have already paid it by then.
- Price changes resulting from the law may be recharged to the client.
- If during the term of the contract and/or the creation of the artwork material prices and/or the wages of third parties involved in the artwork are the subject of any unforeseen increase, le Bump is entitled to recharge this increase to the client.
- The price does not include the packaging and delivery costs, unless otherwise stated.
Article 5 – Purchase of an Artwork
- If the contract relates to the sale of an artwork, the contract that is to be drawn up will record the details of the artwork, the client's particulars, the payment method, the delivery method and any other particulars.
- A stated delivery period is always indicative, unless otherwise expressly agreed.
- Delivery to the client at a later date will not lead to a price reduction in any circumstances.
- The client shall promptly provide le Bump with all useful or necessary information for the satisfactory performance of the assignment, and will cooperate in full.
- Delivery of the artwork takes place in the manner described in the contract.
- If the client is unable to accept delivery of the artwork on the agreed date, le Bump is entitled to make a charge for storage costs.
- Complaints about deficiencies in the purchased artwork must be notified to le Bump in writing immediately after their discovery. The client will be deemed to have accepted the artwork and the work performed if within 14 days of delivery it has not given notice of deficiencies in the artwork or the work performed. Unless otherwise agreed, all claims and defences against le Bump expire 14 days after delivery to the client.
- The communication of a complaint does not relieve the client of their obligation to make payment.
- If le Bump reasonably doubts the ability of the client to pay, le Bump is entitled to suspend its activities and to delay delivery of the artwork, until the client has provided security for the payment at its own expense. The client is liable for any damage suffered by le Bump due to the delayed delivery.
Article 6 – Repairs and other activities
- Repairs and other activities carried out by le Bump on an artwork which belongs to the client are always performed on the basis of an obligation to use best endeavours.
- Upon delivery of the artwork, the client is bound to inspect the work performed. If the client does not judge to work performed to be satisfactory he must notify le Bump of this immediately in writing.
- Changes to the artwork and other activities following delivery to the client shall be deemed to be contract extras and will be charged for separately.
Article 7 – Payment
- Payment by the client is to be made in cash, which includes PIN payments.
- Gift vouchers are valid for a maximum of 12 months from their date of issue, and in the case of consumers, if the law on the extension of the minimum validity period of gift vouchers comes into effect, they will be valid for the minimum period stated in the law. In the case of businesses and legal persons, the period remains 12 months. A gift voucher cannot be exchanged for money.
- Upon request, and following written confirmation by le Bump, a payment scheme is possible for le Bump's exclusive line, in which case it is possible to pay in a maximum of 3 equal installments.
- If the client fails to make payment in accordance with a payment scheme, the whole amount is immediately claimable without further notice. Any rights of retention, rights of recovery, retention of title and suspension of performance may in that case be immediately invoked by le Bump, without le Bump being liable to pay compensation for any resulting damage for the client.
- In case of failure to adhere to a payment scheme, any discounts granted by le Bump will cease to apply with retrospective effect and/or le Bump is entitled to immediately invoice all activities which have been performed and which have not yet been invoiced, to apply a payment period of 14 days, and to request security or an advance payment for any further activities which (will or must) be performed.
- Payments made by the client will always be allocated first in payment of any penalties, interest or expenses, and only thereafter in settlement of the outstanding invoices, whereby the invoices which have been longest outstanding will be settled first, regardless of whether the client states that a remittance serves to pay a different invoice.
- For businesses and legal persons: If the client is a business or legal person and the amount invoiced by le Bump is not received by le Bump within the stated payment period, the client is automatically liable to pay extrajudicial collection costs of 15% of the outstanding amount, subject to a minimum of € 150. Failure to pay on time will also result, without warning, in the client being liable to pay a penalty of 10% of the initial principal amount, subject to a minimum of € 50. The unpaid amount shall be increased on the day on which the payment period has expired by the addition of interest of 1% per month of the invoice amount, until the day on which payment in full is received, subject to a maximum of € 500. Interest on part of a month shall be calculated as a full month.
- For consumers: If the client is a natural person and is not acting in the course of a trade or profession, the overdue amount payable to le Bump will be increased by the addition of the extrajudicial collection costs, subject to a minimum amount of € 40, in accordance with the Extrajudicial Collection Costs (Fees) Decree. This amount is automatically payable if the client has not paid le Bump in full within 14 days of the day on which a payment reminder is received. For the amount of these costs, reference is made to the statutory scale charges for extrajudicial collection: https://www.rechtspraak.nl/voor-advocaten-en-juristen/reglementen-procedures-en-formulieren/civiel/paginas/staffel-buitengerechtelijke-incassokosten.aspx.
- The unpaid amount will be increased on the day on which the payment period has expired with the statutory interest set out in section 6:119 CC + 1%, until the day on which payment in full is received, subject to a maximum of € 250. Interest on part of a month shall be calculated as a full month.
Article 8 – Retention of title and right of retention
- For as long as the client has not paid the full amount of the purchase price and any additional costs, le Bump reserves the ownership of the artwork. In that case ownership will pass to the client as soon as the client has fulfilled all its obligations towards le Bump.
Article 9 – Personal Data Protection Act
- le Bump will store the client's personal data in a file. The purpose of processing the personal data is to enable le Bump to perform its obligations under the contract which it has concluded with the client, and to keep the client informed about le Bump and the activities it develops.
- The client can request le Bump at any time to inform him/her whether any, and if so, what personal data relating to him/her is processed. If the client is of the opinion that the personal data should be corrected, supplemented, deleted or protected, the client should inform le Bump of this in writing via email or in a letter.
Article 10 – Intellectual property
- The intellectual property on the artwork remains vested in le Bump.
- Le Bump remains authorised, without consent or giving notice to client, to display or cause to be displayed pictures of the artwork on its website(s), (social) media and other channels.
- Artworks may not, without written permission from le Bump, be photographed, filmed or otherwise displayed. The client is accountable for this, regardless of whether the client has personally photographed, filmed or otherwise displayed the artwork.
- Publication, for example of photographs in which the artwork can be seen, is not permitted without attribution and tagging to the account of le Bump on the social media in question.
- Le Bump may place its name on the artwork.
- In case of an infringement of this article, the client is immediately liable, without further notice, to pay a penalty of € 2,500 per infringement and € 250 per day or part day that the infringement continues, subject to a maximum of € 50,000 per artwork, without prejudice to le Bump's right to compensation for its other damage and costs.
Article 11 – Force majeure
- In addition to the provisions of section 6:75 CC, a failure by le Bump in the performance of an obligation towards the client will not be attributable to le Bump in the case of a circumstance which is independent of the will of le Bump, as a result of which the performance of its obligations towards the client is impeded in whole or in part, or due to which performance of its obligations cannot reasonably be demanded of le Bump. These circumstances shall include, inter alia, breach of contract by suppliers or other third parties, unsuitability or late delivery of material supplied by third parties, power failures, fire, computer viruses and hacks, strikes, transport disruption, illness, disruption of work, government measures, terrorist attacks, the illness of the artist associated with le Bump who is creating the artwork, war, natural disasters and pandemics or epidemics.
- If such a situation arises, le Bump's obligations are suspended for as long as it is unable to fulfill its obligations. If the aforesaid situation continues for 30 days or longer, parties will consult together to search for a solution. If a solution has not been found within 7 days of the above period, parties are entitled to terminate the contract in whole or in part, in writing. In that case, le Bump is not bound to pay compensation for damage or expenses, even if le Bump has benefited from the incidence of force majeure.
Article 11 – Other provisions
- Le Bump will perform its services to the best of its ability. However, the contract between parties contains a duty to use best endeavours, and not a duty to achieve a particular result.
- The client is not entitled to deduct any amount counter-claimed by the client from the purchase price, or otherwise to claim set-off.
- Le Bump is authorised to engage the services of third parties in and for the performance of a service.
- Le Bump is not liable for damage due to the use of the artwork by the client, such as due to incorrect or careless mounting.
- Third parties cannot derive any rights from the performance of services by le Bump for the client.
- The contract between parties is terminated immediately, and without judicial intervention if the client is declared bankrupt, applies for (temporary) suspension of payment to creditors, a request is submitted to the court for the application of the debt restructuring scheme, upon attachment, appointment of an administrator, or if the client in some other manner loses the ability to dispose of its assets or part of them, unless the administrator acknowledges the obligations ensuing from the contract as a debt.
Article 12 – Applicable law and disputes
- The contract and all other legal relations between the client and le Bump are subject to the exclusive application of Dutch law.
- All disputes arising in relation to the contract(s) and these General terms and conditions are subject to the jurisdiction of the court in Amsterdam, unless otherwise prescribed by any binding legal provision.