Note for Dutch customers who want to read the terms and conditions in Dutch:

Voor de Algemene voorwaarden, klik hier

Terms and conditions

Definitions

  • Artist: Ingrid Dam, based in Delft (The Netherlands).

  • Customer: the person with whom Ingrid Dam has concluded an agreement.

  • Parties: Ingrid Dam and customer together.

  • Consumer: a customer who is also an individual and who acts as a private individual.

Applicability of general terms and conditions

  • These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services on products by or on behalf of Ingrid Dam.

  • The parties may only deviate from these terms and conditions if they have expressly agreed to this in writing.

  • The parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the customer or of third parties

Pricing

  • All prices charged by Ingrid Dam are in euros

  • All prices that Ingrid Dam charges for her products, on her website or that are otherwise made known, Ingrid Dam can change at any time.

Right of withdrawal

  • A consumer can cancel an online purchase during a cooling-off period of 14 days without giving any reason on the following conditions:

-The product has not been used

-It is not a commission based product for the consumer

-The consumer has not waived his right of withdrawal

  • The reflection period of 14 days as referred to in paragraph 1 starts on the day after the consumer has received the product

  • The consumer is obliged to return the product to Ingrid Dam within 14 days after the notification of his right of withdrawal, failing which his right of withdrawal will lapse.
Reimbursement for return costs

If the consumer invokes his right of withdrawal and returns the entire order on time,then the costs for the return will be borne by the consumer.

More information about refunds & returns

Packaging & Shipping

  • If the packaging of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before taking delivery of the product, failing which Ingrid Dam cannot be held liable. for any damage.

  • If the customer himself arranges for the transport of a product, he must report any visible damage to the products or the packaging to Ingrid Dam prior to the transport, failing which Ingrid Dam cannot be held liable for any damage.

Warranty

  • The product warranty applies only to defects caused by faulty manufacture, construction or materials.

  • The warranty does not apply in the event of normal wear and tear and damage caused by accidents, changes made to the product, negligence or incompetent use by the customer, or if the cause of the defect cannot be clearly determined.

  • The risk of loss, damage or theft of the products that are the subject of an agreement between the parties transfers to the customer at the moment when these are legally and/or actually delivered, or at least come under the control of the customer or from a third party who receives the product on behalf of the customer.

Complaints

  • The customer must examine a product or service provided by Ingrid Dam as soon as possible for any shortcomings.

  • If a delivered product or service does not correspond to what the customer could reasonably expect from the agreement, the customer must inform Ingrid Dam of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.

  • The customer provides a description of the shortcoming in as much detail as possible, so that Ingrid Dam is able to respond adequately.

Ingrid Dam's liability

  • Ingrid Dam is only liable for any damage that the customer suffers if and insofar as that damage is caused by intent or willful recklessness

  • If Ingrid Dam is liable for any damage, she is only liable for direct damage arising from or related to the execution of an agreement.

  • Ingrid Dam is never liable for indirect damage, such as consequential damage, lost profit, missed savings or damage to third parties.

  • If Ingrid Dam is liable, this liability is limited to the invoice amount to which the liability relates.

  • All images, photos, colours, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot lead to compensation and/or dissolution of the agreement and/or suspension of any obligation.

Expiration period

Any right of the customer to compensation from Ingrid Dam expires in any case 12 months after the event from which liability directly or indirectly arises.

Right of dissolution

  • The customer has the right to dissolve the agreement if Ingrid Dam imputably fails to fulfill her obligations, unless this shortcoming does not justify termination due to her special nature or minor significance.

  • If the fulfillment of the obligation by Ingrid Dam is not permanently or temporarily impossible, dissolution can only take place after Ingrid Dam is in default.

  • Ingrid Dam has the right to dissolve the agreement with the customer if the customer does not fulfill its obligations under the agreement in full or on time, or if Ingrid Dam has taken note of the circumstances that give it good grounds to fear that the customer will not be able to fulfill his obligations properly.

Force majeure

  • In addition to the provisions of article 6:75 of the Dutch Civil Code, a failure on the part of Ingrid Dam in the fulfillment of any obligation with regard to the customer cannot be attributed to Ingrid Dam in a situation independent of Ingrid Dam’s will, as a result of which the fulfillment of its obligations towards the customer is wholly or partially prevented or as a result of which the fulfillment of the obligations cannot reasonably be expected of Ingrid Dam.

  • The force majeure situations referred to in paragraph 1 also include – but are not limited – to: state of emergency (such as [civil] war, insurrection, riots, natural disasters, etc); non-performance and force majeure suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom disruptions; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.

  • If a force majeure situation occurs as a result of which Ingrid Dam cannot fulfill one or more obligations to the customer, those obligations will be suspended until Ingrid Dam can again meet them.

  • From the moment that a force majeure situation has lasted for at least 30 calendar days, both parties may dissolve the agreement in writing in full.

  • 5. Ingrid Dam does not owe any compensation in a situation of force majeure, even if it benefits from any advantage as a result of the force majeure situation.

Changes to terms and conditions

  • Ingrid Dam is entitled to change or add to these general terms and conditions

  • Changes of minor importance may be made at any time.

  • Ingrid Dam will discuss major substantive changes with the customer as much as possible in advance.

Consequences of nullity or voidability

  • If 1 or more provisions of these general terms and conditions are found to be invalid or voidable, this will not affect the other provisions of these terms and conditions.

  • In that case, a provision that is void or annullable will be replaced by a provision that comes closest to what Ingrid Dam had in mind when drafting the conditions on that point.

Applicable law and jurisdiction

  • All agreements between the parties are exclusively governed by Dutch law.

  • The Dutch court in the district where Ingrid Dam is established has exclusive jurisdiction to hear any disputes between parties, unless the law prescribes otherwise.

Prepared on June 26, 2022