Terms & Conditions
TERMS & CONDITIONS
Danny K Atelier
1. GENERAL
These Terms & Conditions apply to all quotations, orders, purchases and agreements between Danny K Atelier and its clients concerning artworks, fine art photography and related products or services.
By accepting a quotation, placing an order or otherwise entering into an agreement with Danny K Atelier, the client confirms that they have read and accepted these Terms & Conditions.
Where mandatory consumer law applies, these Terms & Conditions do not limit any statutory rights granted to consumers.
2. ORDERS
All orders are subject to availability and acceptance by Danny K Atelier.
The specifications of an artwork, including its size, edition, printing method, paper and framing or presentation options where applicable, will be confirmed before production begins.
An order becomes binding once it has been accepted by the client and confirmed by Danny K Atelier.
Confirmation may be provided by email or another durable written form.
3. LIMITED EDITIONS & CERTIFICATE OF AUTHENTICITY
Where an artwork is offered as a limited edition, the applicable edition size will be communicated before purchase.
Each limited edition artwork is accompanied by a Certificate of Authenticity issued by Danny K Atelier.
The certificate may include the artwork title, edition number, production date and signature.
Once a particular limited edition has sold out, Danny K Atelier will not produce additional copies as part of that same edition.
4. ARTWORK & PRESENTATION
Fine art photographs are produced using carefully selected professional materials and production methods.
Due to differences between screens, printing materials, papers and physical presentation, the appearance of a finished artwork may differ slightly from its digital representation.
Such minor differences do not affect the authenticity of the artwork.
Where framing, glazing, mounting or another presentation method forms part of an order, the agreed specifications will be confirmed before production.
5. PRICING & QUOTATIONS
Prices and quotations are provided in euros unless otherwise stated.
For consumers, prices will be communicated including applicable VAT and mandatory charges as required by law.
Shipping, installation, import duties or other additional costs will be communicated separately where applicable before an order is concluded.
Quotations are based on the specifications and quantities stated in the quotation and may have a specified validity period.
Changes requested by the client after acceptance may result in additional costs. Any such additional costs will be communicated before the additional work is carried out.
6. PAYMENT
The applicable payment terms will be stated in the quotation, invoice or order confirmation.
Unless otherwise agreed in writing, production may commence only after the required payment or deposit has been received.
Where full payment is required before shipment or delivery, the artwork will not be dispatched until payment has been received.
Ownership of the physical artwork remains with Danny K Atelier until the agreed purchase price has been paid in full, to the extent permitted by applicable law.
7. PRODUCTION, SHIPPING & DELIVERY
Production and estimated delivery times depend on the artwork, presentation method, quantity and destination.
The applicable estimated production and/or delivery time will be communicated before or when an order is confirmed.
Artworks are packaged with appropriate care for transportation.
If delivery is carried out by an external carrier, Danny K Atelier will take reasonable steps to ensure proper delivery.
Clients must provide accurate and complete delivery information.
For international orders, customs duties, import taxes or other local charges may apply. Where these are not included in the agreed price, this will be communicated where required and such charges may be payable by the recipient.
Nothing in this section limits any statutory rights a consumer may have concerning delivery.
8. RIGHT OF WITHDRAWAL & CANCELLATION
Consumers purchasing at a distance may have a statutory right to withdraw from the agreement within 14 days, subject to the conditions and exceptions provided by applicable consumer law.
Where the statutory right of withdrawal applies, Danny K Atelier will provide the consumer with the legally required information concerning how that right may be exercised.
The statutory right of withdrawal may not apply to artworks or products that are made to the consumer's specifications or are clearly personalised, where the applicable legal requirements for that exception are satisfied.
A limited edition, made-to-order or specially produced artwork is not automatically excluded from the statutory right of withdrawal solely because it is produced after an order is placed. Whether an exception applies depends on the specific nature and personalisation of the order.
For business clients, cancellations after an order has been confirmed are subject to written agreement with Danny K Atelier. Reasonable costs already incurred for production, materials or other committed services may be charged where legally permitted.
Nothing in this section excludes rights that cannot legally be excluded.
9. DAMAGE, DEFECTS & LEGAL GUARANTEE
Danny K Atelier takes reasonable care to ensure that artworks are produced, inspected and packaged appropriately.
Clients should inspect an artwork after delivery and contact Danny K Atelier as soon as reasonably possible if the artwork has arrived damaged or if there appears to be a defect.
Where possible, photographs of the packaging and artwork should be provided to assist in assessing transport damage.
Consumers retain all rights arising from the statutory legal guarantee and applicable consumer law.
Nothing in these Terms & Conditions limits a consumer's statutory remedies where an artwork does not conform to the agreement.
10. COPYRIGHT & INTELLECTUAL PROPERTY
All photographs, artworks, images, texts and other creative content created by Danny K Atelier remain protected by applicable copyright and intellectual property law.
Purchase of a physical artwork transfers ownership of that physical artwork only.
Copyright, reproduction rights and other intellectual property rights are not transferred to the buyer unless expressly agreed otherwise in writing.
Without prior written permission from Danny K Atelier, an artwork or image may not be reproduced, commercially exploited, licensed, distributed or otherwise used in a manner that infringes Danny K Atelier's intellectual property rights.
11. HOSPITALITY, COMMERCIAL & PROJECT ORDERS
Orders for hotels, hospitality venues, interior designers, architects, galleries and other professional clients may be subject to project-specific specifications and commercial arrangements.
These may include quantities, dimensions, framing, installation, production schedules, shipping and other project requirements.
Such specifications and commercial terms will be recorded in the relevant quotation or written agreement.
If a project-specific written agreement expressly differs from these Terms & Conditions, the project-specific agreement takes precedence for that particular provision.
12. LIABILITY
Danny K Atelier is responsible for its obligations in accordance with applicable law.
Nothing in these Terms & Conditions excludes or limits liability where such exclusion or limitation is prohibited by law.
For business clients, to the extent permitted by law, Danny K Atelier will not be liable for indirect or consequential loss resulting from an agreement, except in cases of intent or deliberate recklessness or where liability cannot legally be limited.
Nothing in this section affects mandatory statutory rights available to consumers.
13. FORCE MAJEURE
Danny K Atelier will not be responsible for a delay or failure to perform an obligation where performance is prevented by circumstances beyond its reasonable control, to the extent permitted by applicable law.
Where such circumstances materially affect an order, Danny K Atelier will inform the client as soon as reasonably possible and seek an appropriate solution.
Mandatory consumer rights remain unaffected.
14. COMPLAINTS
Questions or complaints concerning an order should be submitted to Danny K Atelier using the contact details below.
Danny K Atelier will endeavour to respond to complaints within a reasonable period and seek an appropriate solution.
This complaints procedure does not restrict any statutory rights or remedies available to consumers.
15. GOVERNING LAW
These Terms & Conditions and agreements with Danny K Atelier are governed by Dutch law.
For consumers, this choice of law does not deprive them of mandatory consumer protection to which they may be entitled under the law that would otherwise apply.
Any dispute will be submitted to the competent court in accordance with applicable law.
16. CONTACT & BUSINESS INFORMATION
Danny K Atelier
Email: info@dannykatelier.com
Phone: +31 6 39 05 05 58
Website: www.dannykatelier.com
Chamber of Commerce (KVK): 421202263
Business address: Gortestraat 57 2311 Nl Leiden