Terms and conditions
Hi! My name is Simone Michiels, the artist who started the business Simone Michiels Art in 2018. I make and sell art, teach online and offline courses and workshops, and I am a mentor for other artists.
How awesome of you that you are here reading my terms and conditions. I totally understand that reading another set of terms and conditions isn’t necessarily the highlight of your day, however, it is important that you take a bit of time to read about our agreements. This way we keep misunderstandings to a minimum.
1. Please allow me to introduce myself
My name is Simone Michiels and I am the owner of Simone Michiels Art, a small business located in Rotterdam. To be more precise: Ben Websterstraat 22, 3069XJ Rotterdam. I am registered as a business owner at the chamber of commerce (Kamer van Koophandel) under this number: 72151390. And my VAT number (BTW nummer) is NL001809408B52.
If you would like to email me, feel free to do so to this address: firstname.lastname@example.org
Let’s look at some definitions of words that I will be using in these terms and conditions:
I / me / mine: The small business Simone Michiels Art in Rotterdam. Ben Websterstraat 22, 3069XJ. Chamber of commerce (Kamer van Koophandel) number 72151390.
You / Your: the natural or legal person who has entered into an agreement with me.
We / us: you and me
3. Applicability of these terms and conditions
My terms and conditions apply to every agreement you conclude with me. It also applies to my offer, services and to all (other) work that I do for you. If you liked working with me and our agreement results in a follow-up assignment or additional work, that would be great! Then these terms and conditions also apply to our new agreement.
It could be that we decide to do things a bit differently than we initially agreed on. This means we need to make new agreements that are different from these terms and conditions. These new agreements are only valid in writing.
I will always do my best to carry out the assignment carefully and independently.
Before we decide to work together, or before you buy something from me, the text in these terms and conditions will be offered to you. If this is not possible for whatever reason, I will let you know how you can obtain these terms and conditions, before we come to an agreement. If necessary, I will physically send them to you, free of charge.
Do you also have terms and conditions? Please be aware that your terms and conditions do not apply, and are rejected by me. We will be working under my terms and conditions.
4. The agreement
The agreement between you and me is established by acceptance of my offer by you.
If you accept my offer digitally, I will confirm digitally. If I don’t confirm it to you digitally, you can dissolve the agreement.
We can only make changes to our agreement by mutual consent. If you want to change something about our agreement, let me know as soon as possible. I will do the same. If I want to change something about our agreement, I will let you know as soon as possible.
If changes need to be made to the agreement, this will be done in writing, and it only applies when we both have given our written approval.
I have taken all the actions available to me to assure that paying for your product or service on my website is secure. Your personal data is stored only as long as necessary to fulfill our agreement, and to fulfill my legal / tax obligations.
I can – within the legal frameworks – inform myself whether you are up to your payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If I, on the basis of this investigation, have good reasons to not enter into the agreement with you, I am allowed to refuse any order or request.
5. Third parties
I will always do my best and make my best effort to carry out the assignment carefully and independently. In some cases I may decide to work with a third party, without your consent. For instance I let another party make a frame for your painting, or I will let another party stretch a canvas. If there are additional costs because of this third party, I will always first consult with you. This way we can avoid unpleasant surprises in the form of extra costs.
6. My offer
Yes! You have decided to work with me or to buy art from me.
If my offer has a limited period of validity, or is subject to certain conditions, this will be stated in the offer.
My offer contains an accurate description of the offered items, digital contents or services. I will always try my best to give a description that is as accurate as possible of the offer, so that you can make an accurate judgment.
In the event that you can’t see what you’re buying in real life, for instance when you order online, I will provide pictures of the product. These pictures will be as accurate as possible.
However please keep in mind that colors might appear differently on different screens when you buy something online. I will always try to present the colors as accurately as possible. Some of my paintings feature fluorescent paint, which is really very hard to capture.
If you wish to see more images before purchasing a product or piece of art, you can send me an email.
My offers will contain any information needed for you to know what your rights and obligations are.
7. Changing my terms and conditions
I am allowed to change my terms and conditions or add information, at any time. If changing my terms and conditions affect our agreement, I will inform you of course. If you don’t agree with these changes, you have to let me know as soon as possible, but within 14 days, in writing via email. If you don’t do this, I will assume that you agree with the changes.
The prices of my products and services are as stated on my website. Unless there is a very clear mistake being made.
When we agree to a commission I will send you a detailed quotation. On this quotation you will find all the details we agreed on and the price of the commission.
All my prices are in Euros and with VAT included.
If you are located outside of the European Union, the prices on my website are shown without the VAT.
If prices change due to decisions of our government, the charges will be passed on to you.
I am allowed to change my prices at any time, but this will not affect the order you have already placed.
When you order something from my shop you can immediately pay with Ideal or Credit card. In other cases you will receive an invoice via email and you must pay within 14 days of the invoice date.
If you want to order something, but you can’t use any of the available payment methods, please send me an email.
If you don’t pay in time, I will notify you, and give you another 14 days to pay.
If you do not meet your payment obligations within this additional period, I have the right to charge the statutory interest on the outstanding amount and the extrajudicial collection costs that this entails. Please make sure this doesn’t happen.
9. Payment plan
With some of my products I may offer a payment plan. This will be specified in the listing.
A payment plan means that you pay instalments on the item you reserve, and the item will be kept by me until it is fully paid for.
I do not ship an item until it is fully paid for.
Once the first payment has cleared, the item will be marked as “sold“ in my shop or taken out of the shop.
You pay no interest when you buy your art via an payment plan. We will set up a customized payment plan via e-mail discussions with me, where you choose the size of the payments and the duration of the plan (up to a maximum of 12 months). You will then receive the payment plan in writing and will be asked to make the first payment within 14 days.
There are two ways to make part payments; the preferred way is via the payment of a bank transfer which can be made monthly and payable to my Simone Michiels Art bank account.
I have also set up a PayPal attached to my email account through which collectors can pay monthly part payments, for customers outside of the European Union.
All payments are non-refundable.
If you don’t pay in time (on the agreed day of the month), I will notify you, and give you another 14 days to pay. If you do not meet your payment obligations within this additional period, I have the right to charge the statutory interest on the outstanding amount and the extrajudicial collection costs that this entails. Please make sure this doesn’t happen.
It is not possible to swap your piece of art for another piece once it is reserved.
If you have initiated a payment plan and for some reason, after having made one or more payments, wish to cancel the payment plan and receive a refund on payments already made, you may do so, with the following conditions: You must notify me immediately so that I can put the art back on the market.
In the unlikely event that a painting is damaged, while the painting is in storage during the course of the payment plan, you will be entitled to a full refund or credit towards another original piece. Alternatively, the painting will be repaired; in which case you will be entitled to 15% off the retail price of the artwork. I will always contact you first to discuss with you what you prefer.
10. Intellectual property
I own all the rights to my artwork, and images on this website and social media, made by me. When you buy a piece of art, the rights of the art remain mine. The work may never be reproduced without buying the full or partial rights by you, or without written permission from me, nor is it allowed to make any changes to the work. You are absolutely welcome to share my work, for instance on social media, but always credit properly, by adding my full name and a link to my website or Instagram account.
11. Force majeure
In a case of force majeure, I don’t have to fulfill my obligations to you.
But what exactly is force majeure? Force majeure are unforeseeable circumstances that prevent me from fulfilling my contract. It refers to a situation where the performance of a contractual obligation has become impossible for a party due to an event which was beyond their control
Some examples of force majeure
- Non-delivery or late delivery by suppliers or other third parties engaged
- Governmental actions
- A pandemic
- Passing away
In case of force majeure on my side, I have the option to temporarily suspend the performance of the agreement. I will notify you if this happens.
If fulfillment of the agreement is impossible for longer than a month, or permanently impossible due to the force majeure, the agreement can be dissolved, by either one of us.
12. Repairs and other work
When you receive an artwork, or other item, you are obliged to inspect the artwork and the work performed. When you are not satisfied with the performed work, you need to let me know as soon as possible, preferably writing.
Repairs and other work by me to a work of art that is the property of you, will always be carried out on the basis of a best efforts obligation.
You are regarded to have accepted the work performed, if you do not report defects in the work performed, within fourteen days after delivery of the artwork.
13. Disputes and applicable law
It can happen that a conflict arises. Did a conflict arise? We will try to resolve this together first. If we can’t resolve it together, we can always take it to court.
On agreements between you and me to which these general terms and conditions apply, only Dutch law applies.
14. Shipping and returns
Orders are usually shipped by registered mail with Postnl, Deutsche Post/ DHL or DHL Express, FedEx or a similar company. The ordered items will ship 2-3 weeks after fulfillment of the payment, or after finishing the commissioned work. Depending on demand, I usually ship faster. Once the shipment is processed you will receive an email from me.
If you are located outside of the European Union you are responsible for any extra costs like import taxes, customs duties, or fees levied by the destination country. If you have any questions about import taxes, customs duties or other fees, please contact your local customs office or post office for more information.
15. Revocation rights (Herroepingsrecht)
When you receive your order, you are entitled to revoke our contract within fourteen days without giving any reason. I am allowed to ask you what the reason is, but you don’t have to give me a reason.
The revocation period shall be fourteen days from the date on which you or a third party, designated by you and who is not the carrier, have or has taken the goods in possession.
If your order contains more than one item, the revocation period starts on the day you, or a party designated by you, have / has received the last item of the order.
I am allowed to refuse an order that contains items with different delivery times.
In order to exercise your right of revocation, you must notify me of your resolution to revoke the contract, in writing. When I have received your notification, I will confirm to you that I have received your notification.
The revocation period shall be deemed complied with if you dispatch the notice on the exercise of the right of revocation before expiration of the revocation period. So if you want to use your revocation right, let me know within 14 days.
Digital content is excluded from the right of revocation, due to the inability to return without being sure that the consumer does not have a copy on a durable medium.
16. Obligations of the customer during the revocation period
During the revocation period, you will handle the artwork, or other items, and the packaging with the utmost care.
You will only unpack or use the item to the extent necessary to check the nature and the characteristics of the item, and to determine the operation of the product.
Handle and inspect the item as you would also do in a store or gallery.
In other words, be very careful with the item.
If you handle the item in a way that goes beyond what is permitted as stated above (16. Obligations of the customer during the revocation period), you are liable, and only then, for the resulting reduction in value of the item.
You are not liable for the reduction of value of the item, if I haven’t provided you with all legally required information about your revocation rights before or during the conclusion of our agreement.
17. Using your revocation rights and the costs thereof
If you want to use your revocation rights, make it clear to me within the 14 days (as explained above in 15. Revocation rights (Herroepingsrecht) ).
After you have notified me that you’re using your revocation right, you, or a designated third party, will send the item back to me as soon as possible, but within 14 days.
You don’t have to do this when I have offered to you to pick up the item.
You will send the item and any accessories back to me in their original state, as far as this is reasonably possible. So always keep the packaging material when you have unpacked the item and you’re inspecting it.
I will send you instructions on how to send it back to me, you follow these instructions.
The risk and the burden of proof for the correct and timely exercise of the revocation right lie with you.
If you revoke this contract, I shall repay to you all payments that I have received from you, including the cost of delivery (except additional cost resulting from your choice of any other kind of delivery than the least expensive standard delivery offered by me), within The European Union.
When you have ordered more than one item, and you decide to return only part of the order, I don’t have to pay back the shipping costs that you originally paid to have the items shipped to you.
I may reject repayment until I receive back the items.
Customer outside the EU: I will refund the cost of the item only and not the original shipping costs for customers outside of the European Union.
I will use the same means of payment that you used for paying, for reimbursements. Unless we agree to another method. The refund is free of charge for you.
You will return to me, whether by shipping it or delivering it to me in person, the items without any delay. Not any later than fourteen days from the date on which you notified me on the revocation of the contract.
You will have to pay the direct costs of return shipment of the items. This goes for all countries.
The right of revocation does, among others, not exist in respect of contracts:
- on the delivery of goods that are not prefabricated, and for the manufacture of which an individual choice or designation by the consumer is relevant, or which are clearly customized to the personal needs of the consumer.
- Digital products
I may transfer my rights to others. You may only do so after I have given my written permission.
Congratulations! You’ve read all the terms and conditions, and I am looking forward to work with you.