Terms and Conditions Artist Attic Online 

‍Table of contents:

Article 1 - Definitions

Article 2 - Identity of the enterprise 

Article 3 - Scope 

Article 4 - The offer 

Article 5 - The agreement

Article 6 - Right of revocation 

Article 7 - Costs in case of revocation 

Article 8 - The price

Article 9 - Conformity and warranty 

Article 10 - Delivery and implementation 

Article 11 - Payment 

Article 12 - Complaints mechanism 

Article 13 - Disputes 

Article 14 - Additional or deviating provisions 


Article 1 - Definitions

In these conditions, the following definitions apply:

  1. Reflection period: the term within which the consumer can exercise his right of revocation.
  2. Consumer: the natural person not acting from the exercise of a profession or business who enters into a distance agreement with the enterprise.
  3. Day: calendar day.
  4. Right of revocation: the possibility for the consumer within the reflection period to withdraw from the distance agreement.
  5. Enterprise: the natural and/or legal person offering products at a distance to consumers. 
  6. Distance agreement: an agreement whereby in the context of a system for the sale at a distance of products and/or services organised by the enterprise, up to and including conclusion of the agreement exclusive use is made of one or more techniques for communication at a distance.
  7. Terms and Conditions: the underlying Terms and Conditions of the enterprise.


Article 2 - Identity of the enterprise

  • Name enterprise: Creative Talent Network B.V., acting under the name of Artist Attic Online
  • Business address: Krijn Taconiskade 52, 1087 HV, Amsterdam 
  • Chamber of Commerce number: 34282599
  • VAT ID number: …


Article 3 - Scope 

  1. These Terms and Conditions are applicable to every offer of the enterprise and to each distance agreement concluded and to orders between enterprise and consumer.
  2. Before the distance agreement is concluded, the text of these terms and conditions is provided to the consumer. If this is not reasonably possible, it will be indicated before the distance agreement is concluded that the terms and conditions can be perused at the enterprise and that upon request of the consumer they will be forwarded free of charges as soon as possible.
  3. If the distance agreement is concluded digitally, in derogation to the previous section and before the distance agreement is concluded, the text of these terms and conditions will be provided to the consumer digitally in such a manner that it can be stored and/or printed out by the consumer in a simple manner. If this is not reasonably possible, before the distance agreement is concluded it will be specified where the terms and conditions can be consulted digitally and that, upon request of the consumer, they will be forwarded free of charges digitally or in a different manner.
  4. In the event that besides these terms and conditions specific product or service terms apply as well, the second and third section is correspondingly applicable and the consumer in case of contradictory terms and conditions can always appeal to the applicable provision that is most favourable to him.
  5. If one or several provisions in these terms and conditions at any time are completely or partially void or are annulled, the agreement and these conditions remain otherwise effective, and the relevant provision will in mutual consultation be forthwith replaced by a provision that approximates the purport of the original one as closely as possible.
  6. Situations that are not provided for in these terms and conditions must be assessed 'in the spirit' of these terms and conditions.
  7. Ambiguities regarding the interpretation or substance of one or several provisions of our conditions must be explained 'in the spirit' of these terms and conditions.



Article 4 - The offer 

  1. If an offer has a limited term of validity or occurs on conditions, this is expressly stated in the offer.
  2. The offer is non-committal. The enterprise has the right to modify and adjust the offer.
  3. The offer contains a complete and precise description of the products and/or services offered. The description is sufficiently detailed to enable the proper assessment of the offer by the consumer. If the enterprise makes use of pictures, these are a faithful representation of the products and/or services offered. Apparent mistakes or apparent errors in the offer do not bind the enterprise.
  4. All pictures, specifications provided in the offer are indicative and cannot be grounds for compensation of damages or the rescission of the agreement.
  5. Pictures alongside products are a faithful representation of the products offered. The enterprise is unable to guarantee that the colours depicted exactly match the actual colours of the products.
  6. Every offer contains such information that it is clear to the consumer what the rights and obligations are that are associated with acceptance of the offer. This regards especially:
  • the price including taxes;
  • the possible costs of shipping;
  • the manner in which the agreement will be adopted and what actions are required to such effect;
  • whether or not the right of revocation applies;
  • the manner of payment, delivery, and implementation of the agreement;
  • the manner in which the consumer, before conclusion of the agreement, can check the information provided by him in the context of the agreement and correct it if he so desires;
  • the other possible languages, besides Dutch, in which the agreement can be concluded;
  • Optional: available sizes, colours, type of materials.


Article 5 - The agreement

  1. The agreement is adopted, without prejudice to what is established in section 4, at the moment of acceptance by the consumer of the offer and of complying with the conditions thereby established.
  2. If the consumer has accepted the offer digitally, the enterprise forthwith digitally confirms the receipt of the acceptance of the offer. For as long as the receipt of this acceptance has not been confirmed by the enterprise, the consumer can rescind the agreement.
  3. If the agreement is adopted digitally, the enterprise takes appropriate technical and organisational measures to secure the digital transfer of data and they will procure a safe web environment. If the consumer is able to pay electronically, the enterprise will observe appropriate safety measures to such effect.
  4. The enterprise will send along to the consumer with the product or service the following information, in writing or in such a manner that it can be stored by the consumer in an accessible manner on a durable data carrier:
  1. the visiting address of the establishment of the enterprise that the consumer can turn to in case of complaints;
  2. the condition on and the manner in which the consumer can exercise the right of revocation, or a clear statement regarding the right of revocation being excluded;
  3. information about guarantees and existing service after purchase;
  4. the information included in article 4 section 3 of these conditions, unless the enterprise has already provided this information to the consumer before implementation of the agreement;
  5. the requirements for cancellation of the agreement if the agreement has a term of more than one year or is for an indefinite time.


Article 6 - Right of revocation 

In case of the delivery of products:

  1. In case of the purchase of products, the consumer has the option to rescind the agreement without stating grounds for 14 days. This reflection period becomes effective on the day after receipt of the product by the consumer or a representative designated by the consumer beforehand and announced to the enterprise.
  2. During the reflection period, the consumer will handle the product and the packaging with care. He will only unwrap or use the product to the extent required to be able to assess whether he wishes to keep the product. If he exercises his right of revocation, he will return the product with all enclosed accessories and - if reasonably possible - in the original state and packaging to the enterprise, in accordance with the reasonable and clear instructions provided by the enterprise.
  3. In case the consumer wishes to exercise his right of revocation, he is obligated to communicate this within 14 days after receipt of the product to the enterprise. The consumer must carry out the notification by way of the model form. After the consumer has notified he wishes to exercise his right of revocation, the customer must send the product back within 14 days. The consumer must prove that the delivered matters were sent back timely, for example by way of a proof of shipping.
  4. If the customer after the end of the terms indicated in section 2 and 3 has not communicated he wishes to exercise his right of revocation or respectively has not sent back the product to the enterprise, the purchase becomes definitive.


Article 7 - Costs in case of revocation 

  1. If the consumer exercises his right of revocation, the costs of shipping the product back are borne by him.
  2. If the consumer has paid an amount, the enterprise will refund this amount as soon as possible, though no later than within 14 days after revocation. Condition for this is, however, that the product has already been received back by the enterprise or conclusive proof of complete return shipment can be presented. Refunding will take place via the same payment method that was used by the consumer, unless the consumer expressly grants permission for a different payment method.
  3. In case of the damaging of the product due to the careless handling by the consumer himself, the consumer is liable for any possible reduction of value of the product.
  4. The consumer cannot be held accountable for the reduction of value of the product in case not all legally obligatory information regarding the right of revocation was provided by the enterprise, which must occur prior to conclusion of the purchase agreement.


Article 8 - The price

  1. The prices listed in the offer of products are inclusive of VAT.
  2. All prices are subject to typing and printing errors. No liability is accepted for the consequences of typing and printing errors. In case of typing and printing errors, the enterprise is not obliged to supply the product against the erroneous price.


Article 9 - Conformity and Warranty 

  1. The enterprise guarantees that the products are compliant with the agreement, with the specifications indicated in the offer, with the reasonable requirements of soundness and/or usability, and with the legal provisions and/or government regulations that exist on the date of adoption of the agreement. 
  2. Any possible defects or products delivered erroneously must be reported preferably upon receipt, though no later than 48 hours after delivery to the enterprise in writing. The return shipment of the products must occur in the original packaging and in the original state.


Article 10 - Delivery and implementation 

  1. The enterprise will observe the greatest possible diligence upon receipt and upon implementing orders of products and upon assessing requests for the provision of services.
  2. As place of delivery counts the address that the consumer has communicated to the company.
  3. With due observance of what is established in section 4 of this article, the enterprise will carry out accepted orders as soon as possible, though depending on the availability of the artist. If delivery is delayed or if an order cannot or can only be partially carried out, the consumer is notified accordingly no later than five business days after he has placed the order. In such case, the consumer has the right to rescind the agreement without charges. The consumer is not entitled to compensation of damages.
  4. All delivery terms are indicative. The consumer cannot derive any rights from such terms as may be indicated. The overrunning of a term does not confer the right to compensation of damages to the consumer.
  5. In case of rescission in accordance with section 3 of this article, the enterprise will refund the amount that the consumer has paid as soon as possible, though no later than within 14 days after rescission.
  6. The risk of damaging and/or the going missing of products lies with the enterprise until the moment of delivery to the consumer or to such representative as is designated beforehand and announced to the enterprise, unless expressly established otherwise.


Article 11 - Payment 

  1. Payment occurs upon purchase of the product. Only after receipt of the purchase price, the agreement becomes definitive. 


Article 12 - Complaints mechanism 

  1. The enterprise has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the implementation of the agreement must be submitted completely and clearly described to the enterprise within 7 days after the consumer has identified the defects.
  3. Complaints submitted to the enterprise are answered within 14 days after the date of receipt. If a complaint requires a foreseeably longer processing time, an answer is provided by the enterprise within the 14-day term with a message of receipt and an indication of when the consumer can expect a more elaborate answer.
  4. If the complaint cannot be resolved in mutual consultation, a dispute arises that is eligible for dispute settlement.
  5. In case of complaints, a consumer must primarily address the enterprise. In addition, it is possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
  6. A complaint does not suspend the obligation of the enterprise, unless the enterprise indicates otherwise in writing.
  7. If a complaint is found legitimate by the enterprise, the enterprise will propose an appropriate solution. 


Article 13 - Disputes 

  1. To agreements between the enterprise and the consumer that these terms and conditions are in regard to, Netherlands Law is exclusively applicable. Even if the consumer resides abroad.
  2. The Vienna Commercial Convention is not applicable.


Article 14 - Additional or deviating provisions 

Additional provisions or provisions that derogate from these terms and conditions may not disfavour the consumer and must be established in writing or in such a manner that they can be stored by the consumer in an accessible manner on a durable data carrier.

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