Urban Drawing

Terms and conditions

Urban Drawing
https://urbandrawing.com

These General Terms and Conditions are based on EU consumer protection legislation, including Directive 2011/83/EU on Consumer Rights.

Article 1 – Definitions

For the purposes of these Terms and Conditions:

  1. Consumer means any natural person who is acting for purposes which are outside his or her trade, business, craft or profession.
  2. Trader means Urban Drawing, acting for purposes relating to its trade, business, craft or profession.
  3. Distance contract means any contract concluded between the Trader and the Consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the Trader and the Consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded.
  4. Means of distance communication means any means which, without the simultaneous physical presence of the Trader and the Consumer, may be used for the conclusion of a contract.
  5. Durable medium means any instrument which enables the Consumer or the Trader to store information addressed personally to him or her in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored.
  6. Right of withdrawal means the Consumer’s right to withdraw from the distance contract within the withdrawal period.
  7. Withdrawal period means the period during which the Consumer may exercise the right of withdrawal.
  8. Long-term contract means a contract providing for the regular delivery of goods or services over a period of time.

Article 2 – Identity of the Trader

Urban Drawing
Lepelstraat 28
1018 XM Amsterdam
The Netherlands

Email: urbandrawingartist@gmail.com
Chamber of Commerce (KvK): [●]
VAT number: [●]

Article 3 – Scope and Applicability

  1. These Terms and Conditions apply to every offer made by the Trader and to every distance contract concluded between the Trader and a Consumer.
  2. Before the Consumer is bound by a distance contract, these Terms and Conditions shall be made available in a clear and comprehensible manner.
  3. If the contract is concluded electronically, the Terms and Conditions shall be provided in a way that allows the Consumer to store them on a durable medium.
  4. Where specific product or service conditions apply in addition to these Terms, the Consumer may always rely on the provision most favourable to him or her in the event of conflicting clauses.
  5. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Article 4 – The Offer

  1. All offers are non-binding unless expressly stated otherwise.
  2. The offer shall contain a clear and accurate description of the main characteristics of the goods or services.
  3. The total price of the goods or services, including VAT and any additional delivery charges, shall be clearly indicated.
  4. The offer shall clearly state:
    • the arrangements for payment, delivery and performance;
    • the existence of the right of withdrawal and the conditions, time limits and procedures for exercising it;
    • the duration of the contract where applicable;
    • the minimum duration of the Consumer’s obligations under the contract (if applicable).
  5. Images of products are for illustrative purposes. Minor variations (e.g. colour differences due to screen display) shall not constitute non-conformity.

Article 5 – Conclusion of the Contract

  1. The contract is concluded at the moment the Consumer accepts the offer and fulfils the conditions stated therein.
  2. The Trader shall acknowledge receipt of the Consumer’s acceptance without undue delay by electronic means.
  3. The Trader shall ensure that appropriate technical and organisational measures are in place to secure electronic transactions.
  4. The Trader reserves the right to refuse an order where there are justified grounds, including suspected fraud or inability to meet payment obligations.

Article 6 – Right of Withdrawal

6.1 Withdrawal Period for Goods
  1. The Consumer has the right to withdraw from a distance contract within 14 days without giving any reason.
  2. The withdrawal period expires 14 days after the day on which the Consumer, or a third party indicated by the Consumer (other than the carrier), acquires physical possession of the goods.
6.2 Exercise of the Right of Withdrawal
  1. To exercise the right of withdrawal, the Consumer must inform the Trader of the decision to withdraw by an unequivocal statement (e.g. by email).
  2. The Consumer may use the model withdrawal form, but it is not obligatory.
  3. The Consumer shall send back the goods without undue delay and in any event no later than 14 days from the day on which the withdrawal was communicated.
6.3 Effects of Withdrawal
  1. The Trader shall reimburse all payments received from the Consumer, including standard delivery costs, without undue delay and no later than 14 days from the day on which the Trader is informed of the withdrawal.
  2. The Trader may withhold reimbursement until the goods are received back or the Consumer has supplied evidence of having sent back the goods.
  3. Reimbursement shall be made using the same means of payment used by the Consumer, unless expressly agreed otherwise.
  4. The Consumer shall bear the direct cost of returning the goods unless otherwise agreed.
  5. The Consumer is only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
6.4 Services

Where a service contract is concluded, the withdrawal period shall expire 14 days after conclusion of the contract.
If performance begins during the withdrawal period at the Consumer’s request, the Consumer shall pay a proportionate amount for the part already performed.

Article 7 – Exclusion of the Right of Withdrawal

The right of withdrawal does not apply to contracts:

  • for goods made to the Consumer’s specifications or clearly personalised;
  • for sealed goods which are not suitable for return for health or hygiene reasons and were unsealed after delivery;
  • for goods which are liable to deteriorate or expire rapidly;
  • for accommodation, transport, catering or leisure services for specific dates;
  • where performance has been fully completed with prior express consent and acknowledgement of loss of withdrawal rights.

Article 8 – Price and Payment

  1. Prices include VAT.
  2. The Consumer shall pay using the payment methods offered at checkout.
  3. In case of non-payment, the Trader is entitled to statutory interest and reasonable recovery costs in accordance with applicable Dutch law.

Article 9 – Conformity and Legal Guarantee

  1. The Trader is liable for any lack of conformity which exists at the time the goods were delivered and which becomes apparent within two years from delivery, in accordance with Directive (EU) 2019/771 and Dutch civil law.
  2. Goods must:
    • correspond to the description given;
    • be fit for the purposes for which goods of the same type are normally used;
    • possess the quality and performance which are normal in goods of the same type and which the Consumer may reasonably expect.
  3. In the event of non-conformity, the Consumer is entitled to repair or replacement free of charge, or where appropriate, a price reduction or termination of the contract.

Commercial guarantees, if offered, do not affect statutory rights.

Article 10 – Delivery and Risk

  1. Unless otherwise agreed, goods shall be delivered within 30 days of conclusion of the contract.
  2. Risk passes to the Consumer when the Consumer or a third party indicated by the Consumer acquires physical possession of the goods.

Article 11 – Long-Term Contracts

  1. Consumers may terminate contracts of indefinite duration at any time with a notice period not exceeding one month.
  2. Automatic renewal of fixed-term contracts shall comply with EU consumer protection rules and shall not unfairly bind the Consumer.

Article 12 – Complaints Procedure

  1. Complaints must be submitted within a reasonable time after the Consumer becomes aware of the defect.
  2. The Trader shall respond within 14 days.

Consumers residing in the EU may also use the European Commission’s Online Dispute Resolution (ODR) platform:
https://ec.europa.eu/consumers/odr

Article 13 – Applicable Law and Jurisdiction

  1. These Terms and any contracts concluded under them are governed by Dutch law.
  2. Consumers residing in another EU Member State shall also benefit from the mandatory consumer protection provisions of their country of residence.
  3. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

Article 14 – Final Provisions

Any additional or deviating provisions shall not be to the detriment of the Consumer and must be recorded in writing or on a durable medium.

Note about these terms

EU consumer-law aligned version, terminology harmonised with:

  • Directive 2011/83/EU on Consumer Rights
  • Directive 2005/29/EC (Unfair Commercial Practices)
  • Directive 1999/44/EC / (EU) 2019/771 (Sale of Goods & Legal Guarantee)
  • Regulation (EU) 1215/2012 (Brussels I Recast)
  • Rome I Regulation (EC) 593/2008

Terminology has been adjusted to standard EU legal English (e.g. trader, distance contract, right of withdrawal, legal guarantee, durable medium, etc.).