Terms and Conditions

 

Creative Arts at Kunstenaarswinkel.com, hereinafter known as KUNSTENAARSWINKEL, is in the business of providing an internet service to artist customers to expose those artists' creativity on a worldwide basis, and facilitate the opportunity for those artists to market their creative projects to a worldwide customer base.


This is NOT an exclusive contract. Artist may sell their work(s) through any other channel.


In furtherance of this objective, in exchange for Twenty-Five Percent (25%)+ €0.50 at the Free Profile Level, (15%)+€0.50 at the Premiere Profile Level of the total deposit less agreed shipping and insurance costs, KUNSTENAARSWINKEL and the artist agree as follows:


1. The sale of artwork between artist and Artist's buyer via: www.kunstenaarswinkel.com website. The artist or buyer may not be a minor. Any works shall be handled by the artist and the Artist's buyer. Kunstenaarswinkel.com shall not be involved in sales.

2. Any sale shall take place between the artist and the buyer. All bank transfers to KUNSTENAARSWINKEL via PAYPAL shall be denominated in Euros.

3. The agreed purchase price of the art, including agreed shipping and insurance, shall be paid to KUNSTENAARSWINKEL by the buyer, prior to shipping.

4. Artwork shipping, including appropriate insurance is and remains the responsibility of the Artist.

5. Upon receipt of the artwork by the buyer, the artist's buyer shall have three (3) days to reject the work. Here, the artist shall notify KUNSTENAARSWINKEL and buyer of the shipping date within 24 hours of actual shipping, said notice to include a shipping tracking number. It is agreed by the artist herein, that absent actual notification, receipt by the buyer shall be assumed to be no longer than twenty-one (21) days unless agreed upon in writing.

6. If the artwork is rejected by the buyer, KUNSTENAARSWINKEL will hold any payment by the buyer until notified by the Artist that the artwork has been received back, by the Artist. Alternatively, where KUNSTENAARSWINKEL is notified by the buyer of delivery as evidenced by a signed return receipt, e-mail or tracking notification, and the Artist fails to confirm receipt, in answer to a KUNSTENAARSWINKEL notification, for a period of at least thirty (30) days. Following receipt or constructive receipt, as outlined herein, KUNSTENAARSWINKEL will return the buyer's payment.

7. If the artwork is accepted, KUNSTENAARSWINKEL will make payment to the Artist during the first week of the month, first following acceptance of the artwork, acceptance being as outlined above. Payment to the artist shall be the full amount as deposited by the buyer (purchase price plus agreed shipping and insurance costs), less twenty-five percent (25%)+€0.50 at the Free Profile Level, (15%)+€0.50 at the Premiere Profile Level of the purchase price to KUNSTENAARSWINKEL for providing this service.

8. In the event any payment has stopped for any reason, KUNSTENAARSWINKEL shall not be held responsible for said stop payment, by either the artist or the artist buyer. Any remedies for KUNSTENAARSWINKEL against either the buyer or the seller shall be preserved however, any action for payment or recovery of artwork as and between the buyer and the seller shall remain the sole responsibility of said buyer or said artist seller.

9. PAYMENTS TO ARTIST OUTSIDE OF THE NETHERLANDS: KUNSTENAARSWINKEL will pay artist via PayPal.
PAYMENTS TO ARTIST IN THE NETHERLANDS: KUNSTENAARSWINKEL will pay artist via PayPal, ING bank.


In requesting that KUNSTENAARSWINKEL undertake this service for the Artist, and the Artist's buyer, the Artist agrees as follows:

1. KUNSTENAARSWINKEL is not, in so acting, the agent, representative, broker, or employee of the Artist or the Artist's buyer.

2. KUNSTENAARSWINKEL assumes no responsibility or liability for any part of delivery, insurance, cost of delivery, customs fees, recovery etc.

3. The Artist agrees that the artwork sold or transferred to the buyer, is that Artist's original works, and further agrees not to act as an agent, representative, broker or employee for any other artist utilizing this service with KUNSTENAARSWINKEL.

4. The Artist understands and agrees, that KUNSTENAARSWINKEL is not an importer or exporter, nor is KUNSTENAARSWINKEL an art dealer, or merchant in international or interstate commerce. Further, the Artist assumes all risk of loss resulting from shipping, delivery, confiscation, damage etc.

5. The Artist understands and agrees that KUNSTENAARSWINKEL may reject or refuse to undertake any transaction or request to act as outlined herein, for any reason. Upon accepting a transaction or request, the full extent of KUNSTENAARSWINKEL' responsibility is and shall be limited to the express duties as set out herein.

6. The Artist agrees to keep all information up to date and accurate and further warrants the work to be original, and not subject to any copyright infringement, or criminal activity.