Terms Rimal Productions / Art&Design by Shiva Rimal / Atelier Rimal
English translation of Terms and conditions
As an accommodation for those whose preferred language is other than Dutch, Rimal Productions has occasionally and in its sole discretion provided a version of these Terms and Conditions in English. We have attempted to make the Translations accurate, but we cannot be responsible in the event of any errors, inaccuracies or discrepancies in the Translations. Accordingly, if there is any conflict in meaning between a Translation and these Terms, these Dutch Terms shall govern and be given precedence. Furthermore, we do not provide any customer service in any language other than Dutch and English, but cannot take responsibility for any problems or issues that may arise as a result of providing customer service in English.
– Art&Design by Shiva Rimal
– Atelier Rimal.
1382 GE, Weesp
Chamber of Commerce no: 32081274
Article 1: Definitions
1.1 Rimal Productions: The user of these terms and conditions as described in Article 6: 231 of the Civil Code of the Netherlands. Rimal Productions is also the company with the trade names Rimal Productions, Atelier Rima and Art&Design by Shiva Rimal.
1.2 Acceptance: The unconditional agreement to an offer. This creates the contract. Before acceptance, any offer can be withdrawn, but once accepted the contract is binding on both sides.
1.3 Client: A person or a company that places an order with Rimal Productions.
1.4 Consumer: A person who buys goods or services but not as part of their business. Every natural person who is trading with Rimal Productions, as referred to in Book 7 BW (consumer), Civil Code of The Netherlands.
1.5 Counterparty (other party): Client or customer who has accepted by signing a document or otherwise the validity of terms and conditions.
1.6 Product: Assignment, service or item which by concluding the agreement between Rimal Productions and the other party has to (or should) be delivered to the other party within an agreed period, and which the customer must pay the agreed price.
1.7 Website: Offers, services and products offered by the webshop Art&Design by Shiva Rimal.
1.8 Quotation: Formal offer to conclude an agreement drawn up at the request of a potential customer or client.
1.9 Conditions: Terms and conditions of Rimal Productions.
Article 2: Applicability
2.1 All offers, orders, quotations, contracts and legal binding of Rimal Productions, to the exclusion of any other general conditions these Terms and Conditions apply. These conditions will be sent on request.
2.2 Accepting an offer or quote or placing an order means that the other party accepts the applicability of these conditions.
2.3 Any deviation from these conditions are only valid with a signed writing by an authorized representative of Rimal Productions. Exceptions apply only to the order in which they are made. General or other conditions of the client do not apply, unless explicitly accepted in writing by an authorized representative of Rimal Productions.
2.4 All rights and claims, as in these conditions and any further agreements stipulated for Rimal Productions, are also stipulated for by Rimal Productions intermediaries and other third parties.
2.5 On all rights, obligations, offers, orders and agreements to which these conditions apply, including these conditions, only Dutch law applies.
2.6 All disputes between parties will be submitted to a competent court in the Netherlands.
2.7 Rimal Productions reserves the right to change the delivery, guarantee and conditions at any time. For a closed deal the terms and conditions apply as they applied on the day of the date stated on the invoice.
Article 3: Offers via Website and Offers
3.1 All Rimal Productions offers are non-committal and Rimal Rimal Productions expressly reserves the right to change prices, especially when necessary on the basis of (legal) regulations.
3.2 The prices listed on the website for the products offered are in Euros, including VAT and excluding shipping costs.
3.3 All prices in quotations are listed in Euros excluding VAT and other government levies, as well as other additional expenses, unless explicitly stated otherwise.
Article 4: Conclusion of the Agreement by Website
4.1 Statements of Rimal Productions on Art&Design by Shiva Rimal Webshop regarding the products made available shall be construed as an offer. The agreement is established at the time an order is sent to the buyer by email, to the email address specified by the buyer. The obligation for payment is than already in place.
4.2 The agreement is only after acceptance of your order by Rimal Productions. Rimal Productions is entitled to refuse orders or attach certain conditions to the delivery and payment, unless otherwise specified. If an order is not accepted, Rimal Productions communicates this within ten (10) days after receipt of the order.
4.3 The Agreement is subject to the condition that the relevant product is in stock. If a product is not in stock, Rimal Productions has the right to dissolve the Agreement or to offer the Customer a similar product instead of the ordered product.
4.4 Any additional agreements and / or commitments are only binding if confirmed in writing by Rimal Productions.
4.5 Counterparty and Rimal Productions expressly agree that a valid agreement is concluded by electronic communication, once these conditions and ordering procedure are met. In particular, the lack of a signature does not affect the binding force of the offer and acceptance.
Article 5: Conclusion of the Agreement by Quotation
5.1 The Agreement is concluded at the time of written acceptance of the application by Rimal Productions. If the client fails to acknowledge in writing, but it does assent to Rimal Productions commencing the execution of the assignment, then the content of the proposal is as agreed. Any subsequent oral agreements and stipulations only bind Rimal Productions after these have been explicitly and in writing confirmed by Rimal Productions.
5.2 From an assignment to Rimal Productions only arise obligations for Rimal Productions after Rimal Productions expressly confirmed the order in writing to the Client.
5.3 The agreement has been realized on the date of signing of the letter referred to in the preceding paragraph. From this date Rimal Productions carries out the assignment to the best of its ability. However, they cannot guarantee a particular outcome.
Article 6: Payment for products through Website
6.1 After placing an order, you receive a confirmation email with a summary of your ordered products and the total cost, including shipping.
6.2 An order will be delivered after payment.
6.3 You may pay by Ideal, Paypal or bank transfer.
6.4 When paying by bank transfer the order will be processed as soon as Rimal Productions received the amount payable.
6.5 Payment must be made without discount.
Article 7: Payment for Products through Quotation
7.1 The Counterparty is due to pay fees for the design, production, installing and / or maintenance of a product set by Rimal Productions. Payment of agreed fee must be paid within the agreed period(s). If no payment deadline has been agreed, payment of the compensation must be made within 21 (twenty) days after the date of the invoice.
7.2 Rimal Productions sets a forward payment of 50% of the total fees payable by the agreement. Rimal Productions also reserves the right to demand full or partial advance payment
7.3 If payment is not made within the prescribed period, the client is in default without notice being required. This means that the client is liable for all damage, direct and indirect, in whatever form, suffered by Rimal Productions. The client is due to pay an interest of 4% per month, unless the statutory interest is higher, in which case the statutory interest rate shall be used. The interest on the amount due will be calculated from the day the buyer is in default until the moment of payment of the full amount.
7.4 All costs, both judicial and extrajudicial, concerning the collection and determination of the liability are borne by the client, notwithstanding his obligation to pay compensation for the damage suffered Rimal Productions.
7.5 In case of liquidation, bankruptcy, seizure or suspension of payment of the the client the claims of rimal Productions on the client are immediately due and payable.
Article 8: Implementation and Delivery for Products through Website
8.1 Rimal Productions will exercise the utmost care in the execution of orders and products when assessing applications for the provision of services.
8.2 The other party is obliged to do everything that is reasonably necessary or desirable to enable the timely and proper delivery of Rimal Productions products, this could include the timely delivery of complete and clear information and / or materials.
8.3 The place of delivery is the address that the consumer makes known to the company.
8.4 The aforementioned delivery periods indicated on the website are indicative only. Rimal Productions will endeavor to deliver within the specified time limits. Exceeding said delivery time does not entitle the other party to claim compensation. If the delivery deadline exceeds the delivery period of 30 days the other party is entitled to cancel the order or terminate the agreement if necessary. Already received amounts will be refunded within 14 days by Rimal Productions.
8.5 Delivery takes place at the agreed delivery address for which Rimal Productions determines the method of shipment. For delivery in other countries, special rates apply. The rates will be determined separately for each order.
8.6 If the customer is not present at the agreed delivery address and the time agreed upon, necessary to come to delivery, the purchased product or the products will bought in consultation be relisted again. The purchase price is thereby increased by the costs of transport and other costs necessary to deliver the product again on location.
Article 9: Implementation and Delivery Products through Quotation
9.1 Rimal Productions will endeavor to execute the order carefully and independently, the interests of the client to the best of its ability and to seek a usable result for the client.
9.2 Rimal Productions will proceed through the agreed stages on the basis of the offer, unless otherwise agreed. Acceptance of one of the concepts mentioned in the offer is binding on the entire contract described in the contract.
9.3 Rimal Productions is entitled to partly outsource orders to third parties provided that no quality will be lost.
9.4 Unless agreed otherwise, instructions to third parties in the context of the creation of the design, will be provided by the client. At the request of the client Rimal Productions can act as agent, at expense and risk of the client.
9.5 The client is obliged to do everything that is reasonably necessary or desirable to enable the timely and proper delivery by Rimal Productions, this could include the timely delivery of complete and clear information and / or materials.
9.6 All consequences of incorrect or insufficient information provided by the client in respect of the conditions specified requirements of the client to be realized shall be borne by the client.
9.7 Before production, reproduction or publication all party should give the others the opportunity to check and approve the latest models, prototypes or proofs of the design. At the request of Rimal Productions, the client must confirm in writing its approval.
9.8 Conducting tests, applying for permits and assessments whether the client’s instructions comply with the legal standards are not part of the mission of Rimal Productions, unless otherwise agreed.
9.9 Delivery times in quotations are indicative and determined in good faith. These don’t give the cliënt right to terminate or compensation when exceeding,, unless explicitly agreed otherwise. Delivery times are therefore not regarded as binding.
9.10 If the client refuses or fails to provide information or instructions necessary for the delivery, Rimal Productions entitled to store the goods at the expense and risk of the buyer.
9.11 Rimal Productions is entitled to deliver the goods in parts, unless otherwise agreed. Rimal Productions is entitled to invoice the delivered products separately.
9.12 If the goods are to be delivered Rimal Productions is entitled to charge possible service charges. These will be billed separately.
Article 10: Right of withdrawal
10.1 When purchasing products, the consumer buyer can terminate the contract without giving any reason within 14 days. This period commences on the day following receipt of the product by the customer or a previously designated by the purchaser and the provider announced representative.
10.2 During the period of reflection the consumer will handle the product and packaging with care. He will only unpack be the product for the extent necessary to assess whether he wishes to retain the product. If he exercises his right of withdrawal, he will return the product with all accessories and – if reasonably possible – in its original condition and packaging to the vendor.
10.3 The cost of the return shipment will be borne by the other party.
10.4 If the other party has already paid an amount, Rimal Productions will refund this amount as soon as possible but no later than 30 days after the return or cancellation.
10.5 If it is proved that the delivered products do not meet the agreement, Rimal Productions has the choice to replace the returned products by new products or to refund the invoice price plus the paid shipping costs.
10.6 The exclusion of the right of withdrawal applies only if Rimal Productions has stated this clearly in the offer, at least in time for the conclusion of the agreement.
10.7 Exclusion of the right of withdrawal is only possible for products which have been created by Rimal productions in accordance with specifications of the customer (customized), are clearly personal in nature or have been put into use.
10.8 The Customer will inspect the products delivered immediately upon receipt. Possible defects have to be reported within 8 days after discovery in writing to Rimal Productions.
10.9 The right of withdrawal is excluded for business customers.
Article 11: Intellectual property and proprietary rights
11.1 The ownership of products is only Transferred after the Counterparty has paid everything what was owed under any agreement with Rimal Productions.
11.2 If there rests any copyright on the design Rimal Productions applies as author within the meaning of the Copyright and as holder is entitled to use its work at any time..
11.3 Unless otherwise agreed in writing, all rights arising from the assignment of intellectual property including patents, design rights and copyright belong to Rimal Productions. If such a right can be obtained only through a registration, then only Rimal Productions is authorized to apply for it.
11.4 By entering into an agreement with Rimal Productions the client agrees with the fact that all rights to the design belong to Rimal Productions, insofar Rimal Productions is considered to be the author within the meaning of Copyright.
11.5 If an agreement whereby the rights change hands all the agreed rights will only change hands when the customer or the counterparty has fulfilled all obligations in regard to financial and other agreed obligations towards Rimal Productions.
11.6 An assignment does not include conducting searches for the existence of patent rights, trademark rights, drawing or design rights, copyrights of third parties and portrait rights or forms of protection for the client. Unless expressly agreed in writing.
11.7 Rimal Productions is entitled to have its name mentioned or removed with the work, unless otherwise agreed. Without prior permission, the client is not permitted to take the design in production, disclose and / or multiply without mentioning the name of the designer.
11.8 If the contract for any reason, is terminated earlier than agreed upon, the other party is not permitted (any longer) to use the design and anything under the contract to the other party canceled license granted.
Article 12: Cancellation
12.1 Rimal Productions has the right within two weeks after the conclusion of the agreement to return the assignment. This does not entitle the client to claim compensation for direct and indirect damages, in whatever form. The withdraw shall be made in writing
12.2 Rimal Productions can without notice terminate the contract or suspend its performance if
12.2.a The client fails to meet its payment obligations.
12.2.b The client does not, not timely or properly complies with one of the obligations under this agreement,
12.2.c Circumstances arise which seriously comprises the ability for compensation as a result of such a suspension of payments, (an application for) bankruptcy, seizure, incapacity and dissolution of the corporation.
12.3 The client continues to be obliged regardless of the termination referred to in 8.1 , to reimburse the work already undertaken and is liable for all damage, direct and indirect, in whatever form, suffered by Rimal Productions.
12.4 If the client cancels the agreement, he must pay the costs incurred in relation to the work performed.
12.5 The client may only terminate the contract if the agreed period has expired and has not been observed to fulfill reasonable period specified in the notice sent by the client.
12.6 The foregoing also applies to the client who is a natural person and has provided the commission in the exercise of a profession or business. The client will remain regardless of this mentioned dissolution obliged to reimburse already carried out.
Article 13: Liability
13.1 Rimal Productions is not liable for damages, direct or indirect, in any form, which the client suffers. Rimal Productions excludes any liability for damages arising out of any design and / or construction defects completely. If the client has any objection against any kind of claim he has to leave in writing before the start of the assignment appear. The client is liable for any damage unless forms of liability accepted in writing by Rimal Productions.
13.2 Rimal Productions is not liable for damages, direct or indirect, in any form, caused by employees or representatives of Rimal Productions.
13.3 Notwithstanding the foregoing Rimal Productions is not liable for damages more than the agreed remuneration for the job.
13.4 If engages in the execution of the contract Rimal Productions express agreement with the customer for their own account and risk of the principal goods or services from third parties, and such goods or services are transferred to the client, then the provisions of the general conditions of the supplier also apply to the client.
13.5 The Client will indemnify Rimal Productions in the event of third party claims.
13.6 The Other Party indemnify Rimal Productions from any liability for third-party damage, direct and indirect, in any form whatsoever.
13.7 Except in cases of gross negligence or intent of the designer or the management of Rimal Productions, the liability of Rimal Productions for damages arising from an agreement or any wrongful act committed against the client, are limited to the maximum of the commission fee attached.
13.8 Rimal Productions has the right in cases of force majeure, at its option, the execution of your order to suspend or terminate the agreement without legal intervention, by informing you of this in writing and without being obliged to any compensation, unless this would be unacceptable in the circumstances to standards of reasonableness and fairness.
13.9 Translations of the Terms and Conditions: We have attempted to make the Translations accurate, but we cannot be responsible in the event of any errors, inaccuracies or discrepancies in the Translations. Accordingly, if there is any conflict in meaning between a Translation and these Terms, these Dutch Terms shall govern and be given precedence.
Article 14: Protection of personal data
14.1 Of course, all of your personal information will be handled strictly confidential and legal rules on data protection and privacy are strictly observed by us. Rimal Productions will not sell your personal information to third parties. In cases where personal data are transferred to third parties by us these third parties are not entitled to use such information for any purpose other than to carry out their tasks.
14.2 Personal data are in addition to the above cases used for newsletters and advertising purposes. If the other party does not wish to receive unsolicited advertising of Rimal Productions (by email), you can always opt out and object to the further use of your personal data for commercial purposes, by communicating this to Rimal Productions at [email protected]
14.3 The copyright in the shop shivarimal.com, rimal.nl is reserved to Rimal Productions. No part of this website may in any way be copied or used by third parties without the consent of Rimal Productions.
Article 15: Complaints
15.1 Rimal Productions has complaints procedure and deals with complaints under this procedure.
15.2 Complaints about the performance of the contract must promptly, fully and clearly described and submitted to Rimal Productions, as soon as possible after the party has discovered the defects.
15.3 Complaints are submitted to Rimal Productions will be replied within 14 days from the date of receipt. If a complaint has a foreseeable longer processing time, Rimal Productions will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
Article 16: Dutch law
16.1 Unless expressly agreed otherwise, the Dutch legally determined warranty conditions apply.
16.2 On all our offers, agreements and their implementation only Dutch law applies exclusively. The Dutch text of these conditions is (re) binding. In the event of conflict with the law of one or more clauses of these conditions, the remaining clauses of these conditions remain valid.