GENERAL TERMS AND CONDITIONS
Below you can read and download the general terms and conditions of Peppers Marketing in English. At your request I will send you this free of charge.
General terms and conditions of Peppers Marketing
1. General.
1.1 Peppers Marketing, trading under A Thousand Elephants BV with Chamber of Commerce nr: 05068150
1.2 Client: The party that gives the order
1.3 Contractor: Peppers Marketing
1.4 Parties: Client and contractor
1.5 These provisions apply to all legal relationships between the client and the contractor, subject to changes in these conditions which must be expressly confirmed in writing by both parties.
1.6 An agreement is concluded by signing by the contractor and the client, as well as making the general terms and conditions available by the contractor to the client. If one of these conditions is not met, no agreement has been concluded.
1.7 If in a court ruling one or more articles of these conditions are declared invalid, the other provisions of these terms and conditions will remain in full force and seller and buyer will enter into consultation in order to replace new provisions to replace the void or voided provisions. to comply with, as far as possible, the purpose and intent of the void or voided provisions.
The seller is authorized to use third parties in the execution of an agreement with the buyer.
2. Delivery
2.1 The Contractor has the right to use the assignment provided with reference to the name of the Client as reference. This unless the client expressly objects to this before entering into the agreement
2.2 The Contractor reserves the right to use the knowledge gained due to the execution of the work for other purposes insofar as no confidential information is brought to the notice of third parties
2.3 For the sale of (art)objects via the online gallery of the contractor, additional Conditions of Sale apply. These can be read and downloaded in the online gallery of the contractor.
3. Operation
3.1 Client guarantees the correctness, completeness and reliability of the information provided by it to the Contractor, even if it originates from third parties.
3.2 Contractor reserves the right to make use of the services of third parties in the context of its work for the Client. Contractor works with business relations for the execution of its services; among other intermediaries in the luxury industry independent of the contractor. When the contractor has established contact between one of its business relations or a consumer and client, the client is not allowed to do business directly with this business relation or consumer, without any intervention from contractor, during the term of this agreement up to and including 24 months after termination.
4. Liability, Indemnity
4.1 The Contractor only accepts legal obligations for compensation insofar as this appears from this article
4.2 The Contractor is not liable for damage that is directly or indirectly the result of acts of employees of the Client or of third parties hired by or on behalf of the Client
4.3 Until the moment that the client has received an irrevocable payment from the contractor for the sale of one / the artwork(s), the client remains the owner of the artwork(s) and responsible for damage to and loss or theft of the artwork(s).
4.4 In case of attributable shortcoming in the fulfilment of an agreement between the parties, for which the contractor can be held liable, compensation per incident, whereby a series of related events are seen as one event, shall under no circumstances exceed the agreed "contribution start-up costs" exclusive turnover tax stipulated in the agreement between the parties in the context of which the event occurred or, failing that, the agreement that is in force between the parties at the time of the occurrence of the damage. The Contractor excludes any other liability for any form of damage. Contractor is never liable for consequential or consequential loss, indirect damage and loss of profit or turnover.
4.5 The prerequisite for the existence of any right to compensation is always that the client will notify the contractor as soon as possible after the occurrence of the damage and notify them in writing. The Client is in any case obliged to report the damage caused by the Contractor by registered mail in writing within five working days after the damage has been discovered by the Client.
4.6 The Client indemnifies the Contractor against third-party claims for damage caused by the Client having provided the Contractor with incorrect or incomplete information
4.7 The liability limitations mentioned in this article are also stipulated for the benefit of the third parties engaged by the contractor for the execution.
5 Payment and collection
5.1 Within 24 hours after notification of a sale of any artwork, via one of the aforementioned business relations of the contractor or directly to an end customer, the contractor will inform the client about this, after which the client, the contractor an invoice sends for its financial share in the sale
5.2 Only after the contractor has received the full payment, the contractor will make the invoice(s) of client within 15 days payable, without any settlement or deduction.
6. Dissolution
6.1 Client and contractor can at all times cancel the agreement between the parties, in accordance with the conditions set out in that agreement
6.2 Cancellation must be notified to the other party in writing.
7. Confidentiality
7.1 The Client shall ensure that no confidential information about the services and / or products or the organization of the Contractor is communicated or shown to third parties without the written permission of the latter.
7.2 The Contractor will not communicate or show any confidential data to third parties that concern the client or its clients without explicit written permission from the Client.
8. Force majeure
8.1 If the contractor can not fulfil its obligations towards the client due to force majeure, those obligations will be suspended for the duration of the force majeure situation.
8.2 If the force majeure situation has lasted thirty (30) days, both parties have the right to dissolve the agreement solely for the future. In case of force majeure, the client is not entitled to any (damage) compensation
8.3 Force majeure of contractor shall mean, in addition to what is understood in that law and jurisprudence, any circumstance beyond the control of the contractor, whereby the fulfilment of its obligations towards the client in whole or in part is prevented or the performance of such obligations can not reasonably be expected from the contractor, irrespective of whether that circumstance was foreseeable at the time the agreement was concluded. Work strikes in the company of the contractor are included.
9. Applicable law and disputes
9.1 These terms and conditions and all offers and agreements to which they relate are subject to Dutch law
9.2 All disputes arising and connected with the agreement can only be submitted to the competent court in Rotterdam for settlement.
Dutch text prevails
The Dutch text of these General terms and conditions prevails over translations thereof.