Terms and Conditions

Your satisfaction is important to us. So we will use kindness and common sense as a guidance with regards to solving problems. That being said, we reserve the right to abide to the legal guideline below.

LEGAL

  1. All works bought by private customers from within the EU can be returned within 14 days, except for those that have been altered, products made or modified on request.
  2. All works bought by (private) customers from outside the EU can not be  returned.
  3. Unless agreed otherwise, payment must be effected in full before delivery of the products to the bank account indicated by CollectedByAgnes B.V.
  4. Works have to be returned on customer’s cost. If the customer can’t bring the works back personally, they have to be transported by the carrier that transported them to him / her or, in consultation, with a similar (established art and antiques) carrier, fully insured.
  5. Some of these works are extremely delicate. In case there are any damages on returned works, we will substract the depreciation of value of the refund.
  6. If orders are returned by the shipper by a lack of action from the client ( delivery of information)  the return cargo, storage costs and other costs are borne by the Client.
  7. If the Client refuses to accept the products, the return cargo, storage costs and other costs are borne by the Client.
  8. We will refund the item price (or part of it) within 30 days after the return and inspection of the work(s). In case of damage during the return transport, the refund will be halted untill the full insurance claim has been resolved. The original shipping cost (to the customer) will not be reimbursed.
  9. This website and our Terms and Conditions have been designed for use within and under Dutch law. Whilst we are happy to consider requests for works and enquiries from outside the Netherlands, we give no warranty, express or implied, that the use of this website or the placing of any order through this website or in any other way from outside the Netherlands, complies with any applicable non-Dutch laws or regulations.
  10. Hence, these Terms and Conditions, your use of our website and any order with us are governed by Dutch law and you agree to submit to the exclusive jurisdiction of the Dutch court.
  11. A contract between the customer and CollectedByAgnes B.V.  for the sale of the item(s) will only exist once an order has been accepted.
  12. CollectedByAgnes b.v  cannot be held to its offer if the Client can reasonably understand that the offer, or any part thereof, contains an evident mistake or obvious clerical error.All Products are sold “As-Is“. CollectedByAgnes B.V.  checks the products technically and art historically as completely as possible and strives to present the Products on her website  as accurate as possible. However, CollectedByAgnes B.V. does not make any guarantee, warranty or representation, expressed or implied, to any Client with respect to any Product, including without limitation, its condition, merchantability, fitness for a particular purpose, quality, rarity, importance, provenance, designer or creator, or as to whether the Client acquires any reproduction right or other intellectual property right in any Product. No statement anywhere, whether oral or written, shall be deemed any such guarantee, warranty or representation.
  13. The Client is aware that the Products are neither new nor in ‘perfect’ condition. A Product may require touch-up prior to use and the available information about the Products may be limited.

YOUR RIGHT TO CANCEL

  1. You may normally cancel your order for any reason up to 24 hours after the order has been placed. If you do rightfully cancel the contract within this time, any payments made by you will be refunded in full within 30 days. Note: If the transportation and transportation box have already been ordered, these cost will be substracted of the refund.

CUSTOMS / CUSTOM DUTIES

  1. If your delivery address is outside the Netherlands, you may be subject to import duties and / or taxes. You understand that any and all charges of this nature will be borne by you. You are responseble for paying these duties / or Taxes on time.
  2. Furthermore we are in no way responsible for rules and regulations in the country of destination (or for that matter every country besides the Netherlands), that could for example result in seizure of the works you bought. It is your responsibility and yours alone to be aware of rules and regulations that could apply to the works you are buying in the destination or transit countries.

FORCE MAJEURE

  1. CollectedByAgnes is not required to fulfil any obligation in respect of the other party if they are hindered from doing so as the consequence of a circumstance that is not attributable to fault, and for which the party is not accountable by law, legal act or according to generally accepted standards.
  2. In addition to what the law deems as force majeure, strikes and / or long-term illness of the employees of one of the parties, breach of contract and / or force majeure on the part of suppliers, transporters or other third parties who are party to the agreement, gridlock in traffic, act of God, terrorism, war or mobilization, restrictive measures from any government, fire and other accidents at its company as well as other circumstances to the extent that, as a consequence thereof, the (further) performance of the agreement cannot or not fully be expected from it in reason.
  3. The parties may suspend the obligations under the agreement during the period that the force majeure continues. If this period continues for more than six months, each of the parties may terminate the agreement without any obligation to pay damages to the other party.

LIABILITY

  1. CollectedByAgnes B.V. liability is limited to what has been provided for in this article. If CollectedByAgnes may be held liable, CollectedByAgnes is only obligated, at its own discretion, to replace, supplement or repair the Product. The products or components to be replaced become the property of CollectedByAgnes.
  2. The limitations of liability included in this article do not apply if the damage can be attributed to an intentional act or gross negligence on the part of CollectedByAgnes B.V., including its employees.
  3. CollectedByAgnes B.V. is only liable for direct damage that is the demonstrable consequence of a failure attributable to CollectedByAgnes B.V. .
  4. Direct damage only includes the following:
    1. the reasonable costs for determining the cause and scope of the damage, insofar as the determination relates to damage in the sense of these Terms and Conditions;
    2. possible reasonable costs incurred to make the defective performance of CollectedByAgnes. B.V. comply to the agreement, to the extent that such may be attributed to CollectedByAgnes B.V.  and,
    3. reasonable costs incurred for preventing or limiting damage, insofar as the Client demonstrates that these costs led to the limitation of direct damage as referred to in these Terms and Conditions.
  5. CollectedByAgnes B.V is never liable for indirect damage, including – but in any event not limited to – consequential damage, lost profits, missed savings, and loss due to interruption of business.
  6. In addition, Collected ByAgnes B.V.  is not liable for damage, of any kind whatever, that has arisen:
    1. if, when storing and using the products, the Client failed to observe the guidelines and regulations as provided by CollectedByAgnes B.V. or the supplier;
    2. if the Client has not used the products, accessories, structures, components or other production accessories offered by CollectedByAgnes B.V. ;
    3. if a defect exists that is related to usual deviations that do not constitute a defect for CollectedByAgnes B.V., or that has an external cause, such as third party acts or omissions or normal wear and tear.
  7. CollectedByAgnes B.V. is not liable for advice provided or to be provided, unless these have been or will be the subject of a written advice agreement.
  8. If the Product works on electricity in the broad sense, such as battery or any other power device. The Client is aware that CollectedByAgnes B.V. has not inspected the wiring/interior and is not liable for any damages cost by short circuit in the electricity.
  9. CollectedByAgnes B.V. will not install. CollectedByAgnes can therefore not be hold responsible for the way of installing.
  10. If CollectedByAgnes B.V. may be held liable for the other damages, the liability is limited to the amount or amounts which the insurance policy taken out by CollectedByAgnes B.V. covers in the specific case including the excess CollectedByAgnes B.V. bears in connection with such insurance policy. If the damage is not covered by an insurance policy or the insurer decides not to pay, the liability of CollectedByAgnes B.V. is limited to, at most, the invoice.
  11. Under due observance of the provisions contained in these Terms and Conditions pertaining to complaints, CollectedByAgnes B.V. may only be held liable in law within a half  year after the date of delivery / performance of the work due to attributable failure / unlawful act.
  12. If CollectedByAgnes B.V. acknowledges that it has failed imputably / acted unlawfully, it is entitled to notify the Client within a reasonable period that it will remedy the performance at no charge. In making this choice, CollectedByAgnes B.V. must reasonably take into account the interests of the Client. If CollectedByAgnes B.V. performs within a reasonable period as yet, this means that the agreement has been performed correctly and the Client does not have a right to compensation.
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