GENERAL TERMS AND CONDITIONS RENTAL / PURCHASE
- These general terms and conditions apply to all offers, rental, purchase agreements and their execution between Kirilla Mihai Visual Artist, having its registered office in Amsterdam, hereinafter referred to as “Kirilla Mihai”, and its counterparty, hereinafter referred to as ” “Renter / Buyer”.
- These general conditions are applicable from 1 January 2018 and can be consulted on the website of Kirilla Mihai: www.kirillamihai.com
In addition, the general terms and conditions are always sent on the back of the agreement and together with the invoice and has to be signed and returned to Kirilla Mihai.
- Kirilla Mihai reserves the right to change or supplement these general terms and conditions. Changes also apply to already closed agreements with due observance of a period of 14 days after publication to buyer. If a buyer does not want a proposed change
accept, he / she may terminate the contract until the date on which the new terms and conditions come into effect.
OFFERS AND SECURITY
- Unless Kirilla Mihai indicates otherwise, its offers are without obligation and apply for two weeks after date.
- Renter / Buyer is obliged to notify his address change in writing.
- Renter / Buyer has a 14 days return period after purchasing the artwork. Within this period, the renter / buyer is entitled to return the artwork – undamaged and in the same condition as when purchased – to Kirilla Mihai. Renter / Buyer receives a credit invoice. The possible shipping costs for returning the artwork are at the expense of the Renter / Buyer.
THE PURCHASE AGREEMENT
- The purchase agreement between Kirilla Mihai and the buyer is final when the buyer has indicated that he / she agrees with the general terms and conditions by signing and returning this agreement.
- The buyer is obliged to fully pay the purchase price of the artwork in one go before delivery.
- The artworks will be delivered by Kirilla Mihai under retention of title. Therefore, the artwork is only the property of the buyer if the payment obligations – ie the full purchase price – have been paid. The moment the artwork is owned by the buyer Kirilla Mihai is no longer responsible for the art piece.
- The delivery of a work of art abroad can take longer than a delivery in the Netherlands. The costs for a shipment to an address abroad will be charged to the buyer and will be communicated to the buyer before the closing of the purchase agreement.
THE RENTAL AGREEMENT
- The rental agreement is definitive when the buyer has agreed and returned the general conditions signed to Kirilla Mihai, and the renter has authorized Kirilla Mihai to debit the money from its account after an invoice has been sent out.
- The rental contract is closed for a period of 6 or 12 months.
- The rent amounts to 4 % of the market value of the artwork. 2% of this is the actual borrowing cost and 2% is the saving balance.
- The amount that the buyer has accrued in the period prior to the purchase can be deducted from the price of the rented art work, if the buyer decides to buy it.
The accumulated purchase credit is only exchangeable for the purchase of the said rented artwork and therefore not exchangeable for money or for the rent of other works of art.
- In case of damage done to the art work during the rent period, the renter is responsible for this.
- Rental buyer is obliged to fulfill its payment obligation to Kirilla Mihai.
- In the event of liquidation, suspension of payments or bankruptcy, debt repayment or another circumstance as a result of which the renter can no longer pay the piece, Kirilla Mihai may immediately terminate the agreement without any obligation on its part to pay any compensation, and the renter must send the art work back to Kirilla Mihai.
- The payment term is 20 days from purchase.
2. Cash on pickup is possible, if agreed in advance
2. Our payment system is through bank transfer based on the invoice / contract number for bought pieces.
- Payment for rentals is only possible through direct debit authorization per bank. Renter must sign the direct debit authorization and to provide a valid ID copy.
- If the bank balance of the specified account proves to be inadequate and the automatic debit of the payment cannot take place, the renter must pay the amount himself within 7 days.
- Renter owes all out-of-court and judicial costs to Kirilla Mihai, if he has not made a due payment, in spite of a reminder.
- Renter/ buyer takes care of the transport of the artwork in a responsible manner.
- Renter/ buyer is obliged to protect the artwork against damage, rain, etc. In some (costly) works of art renter may be obliged to have the transport carried out by Kirilla Mihai, against reimbursement of costs by the rental / buyer.
- Damage to the artwork during the rental period and transport by (rental) buyer are always at the expense of renter.
COMPLAINTS AND LIABILITY
- Renter / Buyer is obliged to inspect the artwork (s) issued / delivered by Kirilla Mihai,
immediately upon receival for damage or defects. These (possible) damages and / or defects must be paid by renter immediately and in further cases within fourteen days after.
- The filing of a complaint does not release the renter from his payment obligations.
- The renter is not allowed to make any modifications to the rented work.
- Kunst.nl never provides personal data of renters/ buyers to third parties. If they provide personal data to third parties, it will always be after permission from renter / buyer.
- The personal details of renters / buyers are processed by Kirilla Mihai in the sense of the Personal Data Protection Act (Wbp). By this processing, Kirilla Mihai can execute the agreement, give renter / buyer an optimal service and provide him / she with timely information or personalized offers.
- If the renter / buyer does not appreciate the information received, the renter/ buyer can notify Kirilla Mihai of this in writing.