Terms & Conditions
Article 1. Definitions
In these General Terms and Conditions the following definitions apply:
1. 'The work of art': the work that is further specified in the agreement between the artist and the customer.
2. 'The artist': the maker of the item of art. Pen Slaney, located Utrechtseweg 150b, 3818ES Amersfoort, registered in the trade register of the Chamber of Commerce in Amersfoort under the trade name 'Hello Mr Magpie', Chamber of Commerce number 63601826.
3. 'The customer': the natural person or legal entity who enters into an agreement with Pen Slaney.
Article 2. Applicability of General Terms and Conditions
These General Terms and Conditions apply to all agreements, orders, offers and quotations concluded with or issued by Pen Slaney.
Article 3. Conclusion of the agreement
The agreement between Pen Slaney and the customer is concluded by acceptance of Pen Slaney's offer by the customer.
Article 4. Prices
1. All prices on the website are in euros and include 9% VAT.
2. Price changes resulting from the law, such as those regarding VAT, can be passed on to the customer.
Article 5. Purchase of a Work of Art
1. When the customer agrees to an order, the customer agrees to pay the total amount.
2. The artwork (with the exception of a custom painting) will be shipped after the total purchase amount has been credited to Pen Slaney's account. A specified delivery period is always indicative, unless expressly agreed otherwise.
3. The artwork will be delivered in the manner indicated by the customer when ordering.
4. Pen Slaney is not responsible for delays during the shipping process.
5. Paintings cannot be returned or exchanged. Complaints about defects in the purchased artwork must be submitted to Pen Slaney within one month of purchase. Failure to complain in time leads to loss of rights.
Article 6. Repairs and other work
1. Repairs and other work by Pen Slaney on a work of art that is the property of the customer will always be carried out on the basis of a best efforts obligation.
2. Upon delivery of the artwork, the customer is obliged to inspect the work carried out. If the customer is not satisfied with the work carried out, he will inform Pen Slaney immediately, preferably in writing.
3. The customer is deemed to have accepted the work carried out if he has not reported defects in the work carried out within one month after delivery of the Work of Art.
Article 7. Payment
1. Payment by the customer is made:
– cash, including debit card payments and credit card payments;
– based on an invoice.
2. If an invoice is sent, the payment term is 14 working days from the invoice date. By the mere expiry of this period, the customer is in default and the customer owes statutory interest from the date on which the default occurs.
3. The extrajudicial costs reasonably incurred by Pen Slaney will be borne by the customer.
Article 8. Retention of title and right of retention
1. As long as the customer has not paid the full amount of the purchase price plus any additional costs, the work of art remains the property of Pen Slaney.
Article 9. Commissioned artwork
1. When ordering a custom painting, you pay 50% of the total amount in advance. You pay the rest after delivery. The total amount of the custom painting is determined in advance. After the down payment it is no longer possible to change the order.
2. If the result is not satisfactory, you can cancel the assignment. In this case the deposit will not be refunded and the painting remains the property of Pen Slaney.
3. Pen Slaney will inform the customer by means of photos of the progress of the personal assignment and make any desired adjustments, as appropriate.
Article 10. Personal Data Protection Act
1. Pen Slaney will process the customer's personal data and record it in a file. The purpose of processing personal data is to enable Pen Slaney to fulfill the agreement it has entered into with the customer and to keep the customer informed about Pen Slaney and the activities it undertakes.
2. The customer can at any time contact Pen Slaney with the request to inform him/her whether and, if so, which personal data concerning him/her are being processed. If the customer is of the opinion that the personal data should be improved, supplemented, deleted or protected, the customer must report this in writing by email or letter to Pen Slaney.
Article 11. Intellectual property
1. The copyright on the artwork remains with the artist. This right of the artist results in restrictions for the customer regarding the use, disclosure and reproduction of the work of art.
2. 1. All artwork on this website is copyrighted and may not be used, reproduced, or incorporated into AI datasets or machine learning models without explicit written permission. The Content may not be used in the development, training, or testing of artificial intelligence (AI) systems, machine learning models, or similar technologies without explicit written permission. Using bots, crawlers, or automated scripts to scrape, download, or collect data or images from this site is strictly prohibited.
Article 12. Force majeure
1. In the event of force majeure, Pen Slaney has the right to suspend the execution of the assignment or to dissolve the agreement in whole or in part, without the customer being able to assert any right or compensation for damage, costs or interest. The artist will immediately inform the customer of any case of force majeure and attempt to offer an alternative satisfactory to both parties.
2. Force majeure: strikes, death, fire, transport, obstruction, acts of war and in general all unforeseen circumstances as a result of which compliance with the agreement can no longer be required of the contractor.
3. Pen Slaney will perform each service to the best of its ability and is entitled to engage third parties for the performance of a service.
Article 13. Applicable law
1. Dutch law applies to the agreement and any other legal relationships between the customer and Pen Slaney.
Hello Mr Magpie
Utrechtseweg 150B
3818ES Amersfoort
+31 (6) 49879751
penslaney@outlook.com
KVK: 63601826
BTW: NL002444959B86