General Terms and Conditions
Definitions
In these terms and conditions, the following definitions apply:
- Addendum: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract.
- Cooling-off period: the period within which the consumer can exercise their right of withdrawal.
- Consumer: the natural person who is not acting for purposes relating to their trade, business, craft or profession.
- Day: calendar day.
- Digital content: data produced and delivered in digital form.
- Continuing Agreement: an agreement that provides for the regular supply of goods, services and/or digital content over a specified period.
- Right of Withdrawal: the consumer's right to withdraw from the distance contract within the cooling-off period.
- Entrepreneur: the natural or legal person who offers products, digital content and/or services to consumers at a distance.
- Distance Contract: a contract concluded between the trader and the consumer exclusively using means of distance communication.
Identity of the entrepreneur
Applicability
These terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate how the general terms and conditions can be viewed and that they will be sent free of charge upon request.
If, in addition to these general terms and conditions, specific product or service conditions also apply, the consumer may always invoke the provision most favorable to him in the event of conflicting conditions.
The offer
If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated.
The offer contains a complete and accurate description of the products offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
Every offer contains information that makes clear to the consumer what rights and obligations are attached to the acceptance.
The agreement
The agreement is concluded upon the consumer's acceptance of the offer and the fulfillment of the conditions set forth therein.
If the consumer accepts the offer electronically, the entrepreneur shall immediately confirm receipt electronically. As long as receipt has not been confirmed, the consumer may rescind the contract.
The entrepreneur takes appropriate technical and organisational measures to secure the electronic transfer of data and ensures a secure web environment.
Right of withdrawal
State of Art offers a 30-day cooling-off period — well above the legal minimum of 14 days.
The consumer can dissolve an agreement regarding the purchase of a product during a 30-day cooling-off period without giving reasons. The entrepreneur may ask the consumer about the reason for revocation, but cannot oblige them to state it.
The cooling-off period starts on the day after the consumer, or a third party designated by them, receives the product. For orders with multiple products, the cooling-off period starts on the day the last product is received.
For services and digital content not supplied on a tangible medium, the 30-day cooling-off period commences on the day following the conclusion of the contract.
Consumer obligations
During the cooling-off period, the consumer will handle the product and its packaging with care. The product may only be unpacked or used to the extent necessary to assess its nature, characteristics, and functioning.
The consumer is only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Exercising the right of withdrawal and costs
If the consumer exercises their right of withdrawal, they must notify the entrepreneur within the cooling-off period using the model withdrawal form or by other unambiguous means.
The consumer must return the product as soon as possible, but no later than 14 days after notification, along with all supplied accessories, if possible in original condition and packaging.
The consumer shall bear the direct cost of returning the goods, unless the trader has agreed to bear these costs himself.
If the consumer revokes the contract, all ancillary contracts are dissolved by operation of law.
Obligations of the entrepreneur in case of withdrawal
The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs, without undue delay and in any event within 14 days after receipt of the withdrawal notification.
The business may wait to repay until they have received the product or the consumer demonstrates that the product has been returned.
Refunds will be issued using the same payment method the consumer used, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
Exclusion of right of withdrawal
The right of withdrawal is excluded for, among other things:
- Products whose price is subject to fluctuations in the financial market
- Products manufactured to the consumer's specifications (custom-made)
- Products that spoil quickly or have a limited shelf life
- Sealed products which are not suitable for return for health protection or hygiene reasons, if unsealed after delivery
- Sealed audio, video recordings, and computer software of which the seal has been broken after delivery
- Digital content for which the consumer has consented to delivery before the end of the cooling-off period
The price
During the stated period of validity, prices will not be increased, with the exception of changes due to alterations in VAT rates.
Price increases within 3 months of the agreement being concluded are only permitted if they are the result of statutory regulations or provisions.
All listed prices include VAT.
Compliance and Extended Warranty
The entrepreneur guarantees that the products comply with the agreement, the specifications stated, the reasonable requirements of soundness and usability, and the statutory provisions applicable on the date the agreement was concluded.
An additional warranty provided by the entrepreneur or manufacturer never restricts the consumer's statutory rights.
Delivery and performance
The place of delivery is the address that the consumer has made known to the entrepreneur.
The entrepreneur will execute accepted orders with due expediency, within 30 days at the latest, unless a different delivery period has been agreed upon. If delivery is delayed, the consumer will be notified no later than 30 days after placing the order. In such a case, the consumer has the right to dissolve the agreement free of charge.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer.
Enduring Transactions
The consumer may terminate an open-ended agreement at any time, subject to a notice period of no more than one month.
An agreement for a fixed period may not be tacitly extended for a definite duration unless the consumer can terminate the extended agreement with a notice period of no more than one month.
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year, with a notice period of no more than one month.
Payment
Amounts due must be paid within 14 days after the cooling-off period commences, or, if there is no cooling-off period, within 14 days after the agreement is concluded.
When selling products, consumers may never be obliged to pay more than 50% in advance.
The consumer is obliged to report inaccuracies in payment details without delay.
In case of late payment, the consumer will owe statutory interest on the outstanding amount after a reminder and a period of 14 days. The entrepreneur is entitled to charge extrajudicial collection costs (a maximum of 15% on amounts up to € 2,500, with a minimum of € 40).
Complaints procedure
The entrepreneur has a complaints procedure in place and handles complaints in accordance with this procedure. See our customer service pagefor all contact options.
Complaints about the performance of the contract must be submitted to the entrepreneur fully and clearly described, within a reasonable time.
Complaints submitted to the entrepreneur will be answered within 14 days. If a complaint requires a longer processing time, an acknowledgement of receipt will be sent within 14 days, stating when a more detailed answer can be expected.
The consumer must give the entrepreneur at least 4 weeks to resolve the complaint through mutual consultation.
Disputes
Only Dutch law shall apply to agreements between the entrepreneur and the consumer to which these general terms and conditions relate.
Additional or deviating provisions
Additional provisions or provisions deviating from these general terms and conditions must not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them in an accessible manner.
State of the Art Loyalty
State of Art offers a loyalty program under the name State of Art Loyalty. By creating an account on stateofart.com or in a State of Art Store, you automatically become a member of State of Art Loyalty and agree to participate in the loyalty program.
As a member of State of Art Loyalty, you earn points with every purchase in a State of Art Store or via the webshop. Every euro spent is worth 1 point. Accumulated points are periodically converted into a gift voucher. In addition, as a member, you enjoy exclusive benefits such as early access to sales, a birthday gift, discounts on alterations, and access to exclusive events. The Club has three levels: Bronze, Silver, and Gold.
For the execution of the loyalty program, State of Art uses the Voyado Engage platform. Your personal data will be shared with Voyado in this context. Our privacy statement applies to this processing.
State of Art reserves the right to change the terms, levels, and benefits of the State of Art Loyalty program. Up-to-date information about the Club can be found at stateofart.com/nl/loyalty. You can unsubscribe from State of Art Loyalty at any time by contacting our customer service at contact@stateofart.com.
By creating an account, you agree to participate in State of Art Loyalty and to the processing of your purchase data for the purpose of the loyalty program. Participation in State of Art Loyalty is separate from your consent to marketing communications.
Model withdrawal form
Only complete and return this form if you wish to withdraw from the agreement.
Westermanstraat 1, 7131 EH Lichtenvoorde contact@stateofart.com
I/We hereby revoke my/our agreement to the sale of the following product:
You can also easily register your return via our website returns portal.