Last update: March 25, 2020
These Terms & Conditions apply to your use of this website. Please read them carefully and ensure that you understand them. Your use of this website is subject to your acceptance of these Terms & Conditions. If you do not accept these Terms, you must not use or access this website. In these Terms & Conditions (Terms), “we,” “us” and “our” shall be interpreted as referring to Art Catch.
Art Catch: A part of Art Catch webportal, registered in the trade register of the Chamber of Commerce in Utrecht under number 77528468, VAT number NL003204512B87.
Customer: Every visitor to the website www.artcatch.art or any natural or legal person who is or will be in a contractual relationship of any nature with Art Catch.
Product: The product (s) offered by Art Catch in the online gallery.
Offer: The product (s) offered by Art Catch in the online gallery at a price and on conditions stated on the website.
Online gallery: A system for distance sales organized by the seller, whereby up to and including the conclusion of the agreement, only one or more techniques for distance communication, so-called distance sales, are used.
Agreement: Any agreement regarding distance sales between Art Catch and buyer, which is concluded via the online gallery.
Catalogue: An exhibition catalogue issued on the occasion of an exhibition where one of the offered artworks / a project of one of the artists represented on www.artcatch.art has been shown. Catalogue can be available online in pdf. format or a as a hard copy.
Working days: All days except Saturdays and Sundays and recognized holidays. Force majeure: any shortcoming or event that cannot be attributed to www.artcatch.art, because it is not due to its fault and is not for its account under the law, legal act or traffic standards.
We may amend these Terms from time to time, therefore please check these Terms to ensure you understand the Terms which will apply every time you use the website. These Terms were most recently on the date in the heading above. When we refer, in these Terms, to “in writing,” this will include email.
These General Terms and Conditions of Sale and Use (hereinafter: “Terms and Conditions”) apply to all offers, orders and agreements of www.artcatch.art to the exclusion of any other general terms and conditions. Accepting an offer or placing an order means that you accept the applicability of these Terms and Conditions. The provisions in these Terms and Conditions of Sale can only be deviated from after written notification or approval by www.artcatch.art, in which case the other provisions will remain in full force. All rights and claims, as stipulated in these Terms and Conditions, and in any further agreements for www.artcatch.art, are also stipulated for the benefit of intermediaries and other third parties engaged by www.artcatch.art. These Terms and Conditions of Sale respect the rights of the consumer arising from the law.
Our artworks offered on www.artcatch.art are also available as temporary loans for art exhibitions. We also provide special terms for interior designers within our Trade Program. These Terms and Conditions do not regulate the relations arising from such collaborations. They will be regulated by another, written, General Terms and Conditions.
3. Our Artworks
The images of the artworks on our site are for illustrative purposes only. Although we have made every effort to display the colors, forms, textures, and any other details accurately, we cannot guarantee an exact replication of the image. For example, your computer’s display of the colors may not accurately reflect the colors of the artwork.
Additionally, presented alongside every artwork is a description of the piece itself. This description is meant solely to provide a general idea of the artwork. Specific artworks may vary in material, size, dimensions, or any other descriptive information, and we cannot guarantee that the physical artwork shall be consistent with these details. In the case of editions or series, not every artwork in the edition will be exactly as seen on the website and may include small variations in color, pattern, medium, and/or size.
Importantly, an artwork is a handmade piece produced during artist’s creative process. It may contain stains, drips, mounds of paint or other material on the edges or other parts of the canvas or a sculpture which cannot be considered as defects. In case of minor defects (scratches, attritions, etc.) that were caused by any other external action (inappropriate storage conditions or transportation), Art Catch adds information about such defects in the description of an artwork.
4. Collector Status
We grant our loyal customers with a Collector status. This happens once one same customer makes a purchase of two artworks on our website – at one time or two times. The status grants the following privileges to its holder:
- 5% discount on all further purchases
- Collector’s pack for free (where available) for all further purchases
- priority to buy new pieces arrived
- invitations to special events for our collectors
- annual limited edition art gift
- exclusive publications available only for collectors
The status is granted for 3 (three) years from the moment of our notification of a customer about the status. In case of no further orders within these three years, the status expires automatically. We reserve the right to decline / withdraw before due date the status from a customer any moment with no explanation.
We translate and publish at our own expense the articles from various sources. We put every effort to use most reliable sources and professional translation. We are not responsible for the accuracy of information mentioned in the article and we do not check it. The opinions, recommendations, and propositions presented in published articles of their authors may not coincide with the position(s) of Art Catch.
6. Offers / Agreements
All offers of www.artcatch.art are without obligation and www.artcatch.art expressly reserves the right to change the prices and shipment conditions, in particular when this is necessary on the basis of (legal) regulations. The unconditional acceptance of the Terms and Conditions is mandatory to conclude the sale agreement, by both the www.artcatch.art and the customer. The acceptance is confirmed by a box that needs to be checked on the artwork order form.
An agreement is only concluded after acceptance and confirmation of your order by www.artcatch.art. We are entitled to refuse orders or to attach certain conditions to the delivery, unless explicitly stated otherwise. If an order is not accepted, www.artcatch.art will notify the customer about it within 7 working days after receipt of the order.
7. Placing an Order
The prices stated for artworks offered are in European Euros including VAT and standard shipping costs, unless stated otherwise or agreed in writing.
The artworks are offered for sale on the our website subject to their availability. Each of the artwork offered comes with a short description of its media, its dimensions, exhibition record (if available). To order an artwork, the customer must select the artwork of his/her choice, place it in his/her cart and provide the necessary personal information to place the order (or identify him/herself, if he/she has a User account). Before validating the order, the customer must check the information appearing on the order summary, and he/she can correct any potential mistakes in the items inserted, as well as read about the delivery costs.
It is possible that some artwork is temporarily being on an exhibition. If it is not stated in the description of an artwork, we will notify you in writing about it within 48 hours after receiving your order and inform about possible date of delivery. You may agree to keep your order and wait or cancel your order within 48 hours after receiving our notification.
Art Catch ensures adequate and safe package of an artwork. All www.artcatch.art artworks are usually available within 5-10 working days, however in case of any delays we deliver the order within 30 days from the moment the order is confirmed. The delivery times specified by www.artcatch.art are only indicative. The delivery of the artworks is made at the address provided on the order summary form, during the business hours and according to the procedures laid down by the carrier chosen upon ordering. Any delay of delivery after the order is shipped is the responsibility of a carrier and is subject to negotiations with the delivery service. Art Catch will make every effort to mediate in such negotiations to assist in the soonest solving of the matter. The customer must, as soon as he receives the order, check the condition of the artwork, and inform within 48 hours about any defect in writing, providing photos of an artwork and the package.
9. Retention of Title
The ownership of the delivered artworks will only transfer if a customer have paid all that is owed to www.artcatch.art on the basis of any agreement and we have received the transfer on our bank account. The risk with regard to the products already transfers to you at the time of delivery.
10. Collector’s Pack
We offer customers a Collector’s pack – a set that includes a hard copy of a catalogue, printed Certificate of Authenticity of an Artwork, printed Provenance of an Artwork, a pair of museum gloves and a pencil. A customer may choose to buy a Collector’s pack while placing an order for an artwork by adding it to his order. Those customers who have Collector status, granted by www.artcatch.art, and wish to get a Collector’s pack together with their order, may acquire it free of charge by adding it to their order.
The main asset of Collector’s pack is a hard copy of exhibition catalogue. If for some reason a hard copy of an exhibition catalogue is not available (e.g. it has never been published or it was sold out and www.artcatch.art cannot provide it), then a Collector’s pack is not available either. Description of each artwork contains information about availability of a Collector’s pack. It is not possible to acquire a Collector’s pack without purchasing at least one artwork at www.artcatch.art.
The customer has a period of 14 days from his acceptance of the artwork to use his/her right of withdrawal without any costs or reason. The customer may use his/here right of withdrawal with Art Catch through sending an email to the following address firstname.lastname@example.org with the theme “Return”.
Art Catch will then be responsible for handling the cancellation and arrange collection of an artwork from the customer. The customer is responsible for providing careful package for the artwork returned. Return of the artwork is made at Art Catch expense.
If Collector’s pack was obtained with the same order (paid of for free), it must be returned together with the artwork. The full compensation of the order and delivery (if applicable) will be returned by Art Catch within 14 working days after complete order arrives at our address, indicated by us to a carrier. The returned artworks that are damaged or dirtied by the customer shall not be accepted, nor refunded. Art Catch reserves the right to decide at its sole discretion.
12. Intellectual Property Rights
Copyright, trademarks, database rights, and all similar rights in this website and marketing materials are owned by Art Catch, its licensors or relevant third party content providers. You may use the information on this site and reproduce it in hard copy for your personal reference only. Such information may not otherwise be reproduced, distributed, stored in a data retrieval system or transmitted in any form or by any means without the prior written permission of Art Catch. Nothing in our marketing materials or in this website should be considered granting any license or right under any trademark of Art Catch or any third party.
Without express consent you must not:
- sell, rent or otherwise sub-license material on the website
- reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose
- edit or otherwise modify any material on the website
- redistribute material from this website except for content specifically and expressly made available for redistribution
Reproduction of the photos of the works of the artists is only allowed with indication of full credits of the artwork: name of the artist, title of the artwork, year, media and size.
Publications may be quoted only with use of due reference: the author of the publication, year, initial source and www.artcatch.art.
13. Limitation of Liability
The information on this website is provided free-of-charge. While we strive to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.
14. Restricted Access
We reserve the right to restrict access to areas of our website, or our whole website, at our discretion. If we provide you with a user ID and password to enable you to access to restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential. You accept responsibility for all activities that occur under your user ID or password. We may disable your user ID and password at our sole discretion.
15. Unpermitted Use of the Website Material
Our website must not be used by any customer or a visitor of the website:
- in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website
- in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity
- for any purposes related to marketing without our express written consent
- to copy, publish or send mass mailings or spam
- to copy, publish or send material which is illegal or unlawful, or material which could give rise to legal action under Dutch and other applicable law
Any material you copy, publish, or send via our website must not be defamatory, obscene, indecent, hateful, discriminatory, or inflammatory. Such materials must not infringe upon any person’s intellectual property rights or rights of confidence, impinge upon any person’s privacy, or constitute an incitement to commit a crime. Further, the material must not be misleading, deceptive, sexually explicit, threatening, abusive, harassing, or menacing.
We reserve the right to edit or remove any material posted upon our website. We may take such action as we deem appropriate to deal with the posting of unsuitable material, including suspending or cancelling your account, restricting your access to our website, or commencing legal proceedings against you.
17. Force Majeure
In case of a situation of force majeure, the execution of the contract may be suspended or, if it is completed, cause the cancellation of the sale. Without prejudice to the other rights to which it is entitled, www.artcatch.art has the right, in its own choice, to suspend the execution of your order, or to dissolve the agreement without judicial intervention, this in writing by you and this without www.artcatch.art being obliged to pay any compensation, unless this would be unacceptable in the circumstances given the standards of reasonableness and fairness. Expressly, are considered cases of force majeure or fortuitous events, those usually acknowledged by the jurisprudence of the Dutch courts and tribunals, i.e. an event that is out of the control of the debtor, which could not have been reasonably expected at the moment of the contract being concluded, and whose effects cannot be avoided by any appropriate measures. The party invoking force majeure must immediately inform the other party, as well as upon its extinction thereof.
18. Applicable Law and Jurisdiction
These General Terms and Conditions are governed by Dutch law. Any dispute concerning the validity, interpretation or execution of these Terms between the parties shall be submitted exclusively to the competent court in the Netherlands.
19. Other Important Terms
- Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
- If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- These Terms and Conditions constitute the entire understanding of the parties and supersede all prior discussions, negotiations, agreements, and understandings, whether oral or written.
- A person who is not party to these Terms shall not have any rights under or in connection with them.
We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.