last updated: February 2020
Table of content
- Section 1 Definitions
- Section 2 Applicability of the Terms and Conditions
- Section 3 Product information and prices
- Section 4 Conclusion of the Agreement
- Section 5 Execution of the Agreement
- Section 6 Withdrawal/ return
- Section 7 Payment
- Section 8 Warranties and liability
- Section 9 Complaints
- Section 10 Personal details
These Terms and Conditions govern your relationship with the site https://carliesmol.com/operated by Carlies Mol. All content of this website is conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
All new content, products or services that are added on the site https://carliesmol.com/ will be subject of the Terms and Conditions. Carlies Mol has the right to update and/or change the Terms and Conditions at any moment. It is the responsibility of the visitor of https://carliesmol.com/ to check this page periodically for changes.
All the content of https://carliesmol.com/ is created with the greatest care. Read the disclaimer containing this topic carefully. All information displayed on the Site and on other materials originating from Carlies Mol could include typographical and/ or programming errors. Carlies Mol cannot be held responsible for such typographical and/or programming errors and reserves the right to correct such errors at all times.
Section 1, Definitions
Carlies Mol is a sole-proprietorship established under Dutch law, registered with the Chamber of Commerce under the number 72515813, VAT number NL001738096B11 trading under the name Carlies Mol, located at Rhijnvis Feithstraat 9-II, 1054TT Amsterdam, the Netherlands.
Site https://www.carliesmol.com/and all of its subdomains
Client(s) the natural person or corporation acting in the performance of a profession or business who enters into an agreement with Carlies Mol
Print(s) the photograph(s) created by Carlies Mol as offered for sale on the Site or in a written agreement with Carlies Mol
Agreement any arrangement or agreement between Carlies Mol and the Client of which the Terms and Conditions form an integral part
Terms and Conditions the present Terms and Conditions of Carlies Mol, constructed in accordance by the Dutch law
Section 2, Applicability of the Terms and Conditions
The Terms and Conditions apply to all offers and deliveries from and agreements with Carlies Mol, unless otherwise explicitly agreed on in writing.
In case of a declaration by the Client(s) for other provisions or terms applicable in his order will be only binding upon Carlies Mol if and in so far Carlies Mol has explicitly accepted them in writing.
Section 3, Product Information and Prices
All Prints on the Site are created by Carlies Mol and copyright protected by Carlies Mol. Read the disclaimer carefully for further information about the content of the Prints and content of the Site.
All Prints are created with the greatest care. Sizes of the selected Print(s) in the shop of the Site will be displayed in three different formats: 40 x 60 cm, 60 x 90 cm and 80 x 120 cm.
The Print(s) will be printed on Hahnemühle Fine Art paper and will have a small white marge. Alternative sizes and materials will only be provided after communication with Carlies Mol and written agreement about the size, price, material, transport, delivery and payment between the Client(s) and Carlies Mol. Print(s) proposals for alternative materials and/or alternative sizes should be communicated to firstname.lastname@example.org.
All prices as displayed on this Site created by Carlies Mol include taxes and other levies imposed by the Dutch government.
Charges of local taxes upon the arrival in the country of destination are the responsibility of the Client(s). Carlies Mol cannot hold accountable for these charges or give an estimation of these costs. Contact the national customs office for questions regarding duties and taxes.
The shipping costs will be stated clearly on the Site before Agreement is concluded. The shipping costs will be displayed separately in the ordering process. See shipping print costs and delivery time.
All deliveries of Prints provided by the Site, constructed by Carlies Mol and received by Clients will be purchased with a Certificate of Authenticity. The Certificate of Authenticity will contain specific information about the Print containing the location of the scenery of the Print, technical information about the camera and material information of the Print. The Certificate of Authenticity is signed personally by Carlies Mol.
Large format Prints might lose some sharpness when being observed from a too close distance. This is caused by the resolution of the Print and is a natural consequence of the enlargement of the process.
Section 4, Conclusion of the Agreement
The Agreement will be concluded at the moment that the Client accepts the offer of Carlies Mol, which offer is subject to the Terms and Conditions.
If the Client has accepted the offer by electronic means, Carlies Mol will also confirm receipt of acceptance of the offer by electronic means.
If it is found that, in accepting or otherwise entering into the Agreement, the Client has provided incorrect data, Carlies Mol has the right to suspend its obligations until the correct data has been received from the Client.
Section 5, Execution of the Agreement
As soon as Carlies Mol has received a Client’s order of the Print(s) and has confirmed the acceptance thereof, the order will be handover to the printer company (third party).
Carlies Mol is authorized to engage third parties in the fulfilment of the ordering process for Prints. The authorization of these third parties in the fulfilment of the ordering process for Prints will be without any personal information of the Client.
As soon as the fulfilment of the printing process of the Print (s) by third parties as printer companies are done, the order will be shipped, send the Print(s) to the address as submitted by the Client on the Site.
In ordering the Print(s) by the Client the Site has provided information describing the manner of delivery of the Print(s) and an estimation of the terms of the time upon arrival to the address as submitted by the Client on the Site. See shipping costs and delivery time for further information. Prints will be rolled and shipped in sturdy card tubes to ensure that all Prints will arrive without any damage. The Print will be covered in paper to protect the photo and to prevent it from opening in the tube.
If Carlies Mol is unable to deliver the Print(s) within the delivery time as estimated in Shipping costs and delivery time after the confirmation of acceptance of the order, it will notify the Client(s) accordingly. In such event, the Client(s) can decide to either agree to a new delivery date or to dissolve the Agreement without incurring any costs.
Carlies Mol cannot be held liable for any delay in the delivery process.
All Prints will be secured during the shipping. Clients must sign the Print(s) on arrival of the address mentioned by the Client on the Site.
Carlies Mol advises the Client(s) to inspect the Print(s) upon arrival to report any defects within two (2) working days after the delivery in writing or email with photographs of the defects substituted.
As soon as the Print(s) has been delivered to the delivery address submitted by the Client of the Site, the risk of the Print(s) fully transfers to the Client.
Carlies Mol may decline to ship to certain destinations, such as countries subject to embargoes, local regulations, disturbances, war or other restrictions.
Section 6, Withdrawal/ return
The Client has the right to return the Print within fourteen (14) days after the Print has been delivered to the Client, without any given reason.
The Client must inform Carlies Mol of its wish to return the Print by sending an e-mail to email@example.com or fulfil the contact form on the Site within the before mentioned period of fourteen (14) days after the print has arrived on the address that is submitted by the Client on the Site. This e-mail should include the following information: order number, name, phone number, e-mail address and delivery address.
After receiving of this e-mail Carlies Mol will provide the form ‘resolution of the Agreement’ filled into resolute the Agreement of the sale for Prints between the Client and Carlies Mol and the returning address.
The Client is responsible for the chosen shipping method of the returns and additional shipping costs. The risk of the Print(s) will transfer to Carlies Mol when Carlies Mol has received the Print(s). This means that Carlies Mol cannot be held responsible for any returns which are (for example) lost and/or damaged during the shipping when being returned.
Carlies Mol advises you to choose for registered shipment, request tracking information and ensure the package containing the returned Print(s).
Returned Prints must be undamaged and returned in its original packaging with the certificate of authenticity. Returns attempted without satisfying all of the before mentioned conditions, will not be accepted. Carlies Mol does not make any exceptions to this policy.
After receiving and accepting the returned Print(s), Carlies Mol will refund the total purchase price to the Client within fourteen (14) days.
Section 7, Payment
The Client shall pay the amounts due to Carlies Mol in accordance with the ordering process and through the payment method selected on the Site. Carlies Mol is free to offer any payment method of its choice and may change these payment methods at any time.
Carlies Mol will not charge costs for the payment method selected by the Client on the Site.
In case of an alternative print, size or material of a photo, Carlies Mol will send the Client a quotation with an offer. When this quotation is accepted the payment will be done in two separate invoices. Before the printing process, an invoice with 40% of the total costs will be sent to the Client. After the printing process, a second invoice with the remaining 60% will be sent to the Client.
As long as Carlies Mol has not received full payment for the Print(s), Carlies Mol will retain the ownership of the Print(s).
Section 8, Warranties and Liability
If the Print(s) does not satisfy the Agreement and the Client has notified Carlies Mol thereof within the period of fourteen (14) days, the Print(s) concerned will be replaced or refunded, such in consultation with the Client.
Complaints after the period of fourteen (14) days will not be accepted.
Carlies Mol will only be liable to the Client on account of an attributable failure in the performance of an Agreement. The liability will only be accepted if the Client issues a written notice of default to Carlies Mol without delay, stipulating a reasonable period of time in which Carlies Mol has the possibility to remedy the default, and Carlies Mol fails to cure the default within such period. The notice of default must contain a description of the default in as much detail as possible of the default, in order to enable Carlies Mol to provide an adequate response and/or take adequate action.
Carlies Mol cannot be held liable for any indirect damages or losses caused by the material provided on the Site -including Prints- and created by Carlies Mol.
Under no circumstances will Carlies Mol be liable for any damage resulting from, directly or indirectly, from the use, function or performance of the Site and/or Prints and/ or written texts, or any services in connection therewith, or any contents contained therein.
Any dispute arising out or in relation with the Terms and Conditions and the Agreement, including disputes concerning the existence and validity thereof will if no amicable settlement can be reached, be solved by the competent Dutch court.
Consumer safety and rights of the Client can be read in more detail in the policy of consumers of the European Commission, website: https://ec.europa.eu/info/policies/consumers_en
In the event that any of the provisions contained in the Terms and Conditions will be deemed invalid or unenforceable, then the remaining provisions shall be construed as if such invalid provisions were not contained herein; and such invalid or unenforceable provisions will then be deemed to have been replaced by a provision which as closely as possible meets the intention of Carlies Mol when inserting the original provision.
Section 9, Complains
If the Client has grievances in connection with a Print (in accordance with section 8 entitled, ‘Warranties and Conformity) or regarding services of Carlies Mol, it can submit a complaint by emailing firstname.lastname@example.org or fulfilment of the contact form at the Site.
Carlies Mol will respond to the complaint as soon as possible, and in any case within seven (7) days after receipt of the complaint. If Carlies Mol is unable to formulate a substantive response to the complaint within this period, Carlies Mol will confirm the receipt of the complaint within seven (7) days after receipt of the complaint and give an indication of the term within which it expects to be able to give a substantive or definitive response to the Client.
Section 10, Personal details
By communicating with Carlies Mol through the Site, or uploading any information and/ or materials to the Site, the user authorizes Carlies Mol to use this information for the purpose for which the user has made this information available for Carlies Mol.
All intellectual-, copy- and other property rights, such as text, photos and trade names, featured at the Site are owned by Carlies Mol. Access to this information does not entitle the user to any rights.
The content of the Site including all photography, text and Prints may not be copied, distributed or used for any other purpose without the express written consent of Carlies Mol, except as otherwise allowed by law.