1.1 The one who professionally creates and otherwise develops art is the automotive artist known as Brigitt Reuver. She will be referred to as the artist in these terms and conditions.
1.2 Artwork: a product designed, developed and/or created by the artist.
1.3 The person or company who buys any form of artwork, commissioned or otherwise, enters into an agreement with the artist, with the aim of obtaining, trading, loaning or disclosing works of art in property, is referred to in these delivery conditions as the buyer/client.
1.4 These general terms and conditions apply to the creation, content and compliance of all agreements concluded between the client and the artist.
2.1 All paintings come with a frame, unless explicitly agreed otherwise.
2.2 Images/paintings shown on the website may differ from reality. No rights can be derived from the contents of this website in any way, nor can any claims be laid to this.
3 PRICE QUOTATIONS
3.1 All quotations are non-committal and are valid up to one month after the date of the quotation, unless expressly agreed otherwise.
3.2 All quotations are confirmed in writing.
3.3 In the case of composite quotations, there is no obligation to deliver part of the order for a corresponding part of the total price quoted.
3.4 If during the period of the purchase/commission agreement material prices and/or wages of third parties involved in the work are increased, the artist is entitled to pass on these increases to the buyer/client.
3.5 The copyright is never included in quotations.
4 COMMISSIONED WORK
4.1 All assignments must be mutually confirmed in writing, stating the agreed price, the content of the commission and the delivery term.
4.2 The artist guarantees that the delivered – or to be delivered – artwork is – or will be – developed, created and made by her. She is entitled to sign her work and to provide a title and/or code. All artwork created by the artist is protected by the Dutch Copyright Act 1912.
4.3 If the buyer/client requires a variant of the first design, or one or more new designs, these additional activities will be charged separately.
4.4 Designs – in whatever form – remain the intellectual property of the artist, with the exclusive right to publication and exploitation. Designs also remain her material property, unless expressly agreed otherwise in writing.
4.5 In addition, for the creation of a commissioned artwork, the buyer/client is also responsible for the following costs – where applicable – research and preparation work, auxiliary materials, means of production, intermediates, packaging, transport(s), transport risks, travel and accommodation costs and VAT.
4.6 All tools/materials, means of production and intermediates are part of the artist’s studio inventory and remain her property, even if they are charged to the buyer/client. The artist is not obliged to keep it, unless otherwise agreed in advance.
5.1 If a purchase/commission contract is cancelled by the buyer/client, while the artist has already reached an advanced stage of preparation, executed work and/or commitments with third parties, the buyer/client will be obliged to pay the full sum of all costs involved in the creation of the artwork, to the artist.
5.2 If the circumstances under which the purchase/commission agreement was concluded change so that the artist, for artistic or material reasons, no longer sees any possibilities to properly execute the originally intended assignment, she is entitled to terminate and cancel that agreement. However, with retention of her right to charge the costs incurred for the work performed up until that time, without prejudice to her right to enter a new commission agreement in accordance with those changed circumstances.
5.3 If the artist is unable to meet its obligations under the purchase/commission agreement due to force majeure, these obligations will be postponed until the situation of force majeure has ended. After this the normal ‘commissioned work’ terms apply.
5.4 Force majeure means any illness of the artist as well as weather conditions that reasonably prevent the artist from continuing to work on the artwork and that lead to delays, as well as delays at suppliers and/or other third parties involved in the execution of the agreement and delay due to any unsuitability of the material.
6 DELIVERY, TRANSPORT AND WARRANTY
6.1 The artist is obliged to deliver the work commissioned to her on the agreed time as stated in the order confirmation. If, due to force majeure or unforeseen circumstances, it is necessary to deviate from this, this must be communicated in writing to the buyer/client in good time and with proper motivation.
6.2 The delivery and/or transport of the artwork, commissioned or otherwise, is arranged by the artist. A transport fee may be charged. Personal delivery by the artist must be agreed upon in writing beforehand.
6.3 Unless otherwise agreed, the buyer/client is obliged to receive the artwork commissioned by him immediately after completion and – in accordance with the commission agreement – to assess for approval. The buyer/client must do everything possible to enable on time delivery by the artist and if unforeseen circumstances prevent compliance, they have to inform the artist in writing in good time and with proper motivation.
6.4 Upon delivery by the artist, the buyer/client is obliged to immediately inspect the artwork and to immediately report any defects. In case of damage to the delivered painting, an appropriate arrangement is made. In the event of cancellation, the cancellation terms apply (art.5).
6.5 In the event of delivery by third parties or in the case of own transport by the buyer/client, the artist is not liable for damage. No rights can be derived from damage to the painting.
6.6 The delivery term agreed with the artist can always be regarded by the buyer/client as an approximate and never as an absolute term, unless the contrary has been agreed explicitly and in writing with the artist.
7.1 After signing the order confirmation, the buyer/customer must ensure that 25% of the agreed price (including VAT) is received as down payment within fourteen days of the invoice date on the artist’s account. After receiving this down payment, the artist will commence with the artwork. The next 25% of the agreed price (including VAT) is billed to the buyer/client halfway through the process of creating the artwork. This must also be received on the artist’s account within fourteen days of the invoice date. The remaining 50% of the agreed price (including VAT) will be invoiced after completion of the artwork.
7.2 The artist remains the owner of the artwork until the agreed price according to the quotation has been paid in full.
7.3 If the payment term is exceeded, the buyer/client will owe statutory interest until the date of the full payment. In that case, the artist is entitled to suspend her work on the assignment until the buyer/client has paid the amount due, plus the interest. Payments are deemed to be paid when the artist has received the amount on her account.
7.4 All costs, both judicial and extrajudicial, arising from the collection of the amount owed by the buyer/client and not paid on time are at the expense of the buyer/client.
7.5 The material ownership of the artwork does not give the owner the right to multiply or reproduce or any other form of exploitation. Pursuant to the Dutch Copyright Act 1912, this latter right is exclusively reserved for the artist – the creator of the artwork – unless the artist has agreed otherwise explicitly and in writing in advance and at a specific fee.