Jan van der Laan beelden - Terms & conditions

ARTICLE 1. | DEFINITIONS

The following terms, always designated with a capital letter, are used with the following meaning in these terms and conditions.

v/d Laan Sculptures: Jan van der Laan Sculptures, the user of these terms and conditions, part of DAGUZ, located at Architect de Bazelstraat 15, 2552XW in The Hague, registered in the Commercial Register under Chamber of Commerce number 27360739.
Other Party: each natural person or legal entity with whom J. v/d Laan Sculptures has concluded or intends to conclude an Agreement.
Consumer: an Other Party, natural person, not acting in the capacity of exercising a profession or business.
Parties: J. v/d Laan Sculptures and the Other Party jointly.
Agreement: each agreement formed between J. v/d Laan Sculptures and the Other Party in the context of which
v/d Laan Sculptures is obligated toward the Other Party to deliver Products.
Distance Agreement: an Agreement which is concluded between J. v/d Laan Sculptures and a Consumer in the context of an organized system for remote sales without simultaneous personal presence of J. v/d Laan Sculptures and the Consumer and for which, up to the moment of concluding the Agreement, only use is made of one or more means for distance communication, such as in the case of a consumer purchase formed by means of a webshop or other type of sales platform to which these terms and conditions have been stated to apply. An Agreement is therefore not a Distance Agreement if no organized system for sales is used, for example in the case that the Consumer looks up the contact information of J. v/d Laan Sculptures on the internet or in a telephone directory and concluded an Agreement by telephone.
Products: the items to be delivered by J. v/d Laan Sculptures to the Other Party in the context of the Agreement, including, and not meant as an exhaustive list, may be, sculptures manufactured possibly according to the specifications of the Other Party, as well as merchandise products, such as books and picture postcards.
Writing: communication in writing, communication by email or any other way of communication which can be considered equivalent considering the state of the art and the generally accepted standards.

ARTICLE 2. | GENERAL PROVISIONS

These terms and conditions apply to each offer of J. v/d Laan Sculptures and each Agreement to which these terms and conditions are stated to apply to.
The applicability of any terms and conditions of the Other Party, under any designation whatsoever, are expressly ruled out.
The provisions in these terms and conditions can only be deviated from expressly and in Writing, for example by means of the offer of J. v/d Laan Sculptures accepted by the Other Party or an agreement by email. If and to the extent that what Parties have agreed upon expressly and in Writing deviates from the provisions in these terms and conditions, what Parties expressly and in Writing have agreed upon applies.
Nullification or voidness of one or more of the provisions from these terms and conditions or the Agreement as such does not affect the validity of the other provisions. Whenever relevant, Parties are obligated to enter in joint consultation in order to come to a replacement arrangement pertaining to affected provision. For this the purpose and the scope of the original provision is observed as much as possible.

ARTICLE 3. | OFFER AND FORMATION OF THE AGREEMENT

Each offer of J. v/d Laan Sculptures is free of obligation. J. v/d Laan Sculptures may still withdraw its offer immediately, that is as soon as possible after it has been accepted by the Other Party. If, in such a case, for example in the context of a webshop order, payment by the Other Party has already taken place, J. v/d Laan Sculptures will ensure a refund as soon as possible.
Apparent errors and mistakes of J. v/d Laan Sculptures are not binding to J. v/d Laan Sculptures.
Each Agreement is formed, without prejudice to the provision in paragraph 1, at the time that the offer of J. v/d Laan Sculptures is accepted in, if applicable, the manner designated by J. v/d Laan Sculptures. If the acceptance of the Other Party deviates from the offer of J. v/d Laan Sculptures, the Agreement is not formed in accordance with this deviating acceptance, unless J. v/d Laan Sculptures specified otherwise.
In the event that the Agreement is concluded by means of a webshop, the formation of the Agreement will be confirmed as soon as possible by email to the Other Party, without prejudice to what is stipulated in paragraph 1.
If J. v/d Laan Sculptures provides the Other Party with a Written confirmation of the Agreement, following an orally concluded Agreement, it is considered that this confirmation correctly and completely shows the Agreement, unless the Other Party has complained in the matter within two working days after receiving the confirmation, supported by reasons and in Writing.
If the Other Party concludes the Agreement on the name of another natural person or legal entity, that party declares to be competent to do so by entering into the Agreement. The Other Party is jointly and severally liable in addition to this (legal) person for the performance of the obligations from that Agreement.

ARTICLE 4. | THIRD PARTIES

v/d Laan Sculptures is at all times competent to leave the execution of the Agreement in whole or in part to independent auxiliary persons not subservient to J. v/d Laan Sculptures (further in this article designated as ‘third parties’).
v/d Laan Sculptures will see to it that any third parties involved in the execution of the Agreement possess the required knowledge and expertise.
These terms and conditions are also stipulated for any third parties who are involved by J. v/d Laan Sculptures to the execution of the Agreement. These third parties may therefore, to the extent that the right to performance of the stipulations according to their nature or scope cannot be exclusively reserved to J. v/d Laan Sculptures, invoke the provisions of these terms and conditions toward the Other Party as if they were a party to the Agreement instead of J. v/d Laan Sculptures.

ARTICLE 5. | OBLIGATIONS OF THE OTHER PARTY IN GENERAL

The Other Party guarantees to, possibly upon request of J. v/d Laan Sculptures, always provide all information which is reasonably relevant for the purpose and execution of the Agreement, in a timely manner, complete and in any method prescribed for this purpose by J. v/d Laan Sculptures, to J. v/d Laan Sculptures. The Other Party guarantees the correctness of this information. Furthermore, the Other Party is required to always grant the required cooperation to J. v/d Laan Sculptures for the execution of the Agreement. The Other Party takes all reasonable measures to optimize the execution of the Agreement.

ARTICLE 6. | RIGHT OF DISSOLUTION FOR DISTANCE AGREEMENT

Except for what is stipulated in the remainder of this article and particularly what is stipulated in the next paragraph, the Consumer may dissolve the Distance Agreement up to 14 days after receiving the Products, without providing reasons why.
The right to dissolution does not accrue in the event of:
- a purchase concerning the delivery of Products manufactured according to specifications of the Consumer which are not premanufactured and which are manufactured on basis of an individual choice or decision of the Consumer, or which are clearly intended for a specific person;
- the delivery of Products which have been irrevocably mixed with other things after delivery due to their nature;
- a Distance Agreement pertaining to which the right of dissolution other than pursuant to Section 6.5.2B of the Dutch Civil Code is ruled out or not applicable.
The Consumer may dissolve the Distance Agreement by submitting a request to this end to J. v/d Laan Sculptures by email or by making use of the model form for revocation offered by or on behalf of J. v/d Laan Sculptures. As soon as possible after J. v/d Laan Sculptures is notified of the intention of the Consumer to dissolve the Distance Agreement and if the conditions of this article are met, J. v/d Laan Sculptures will confirm the dissolution of the Distance Agreement by email.
During the period as referred to in paragraph 1, the Consumer needs to handle the Products in question and their packaging carefully. The Consumer can only unpack the Products to return to that extent and use it to the extent necessary to assess the nature and characteristics of the Products. The principle here is that the Consumer can only use and inspect the Products as the Consumer would do in a brick-and-mortar shop.
If the Consumer makes use of the right of dissolution, he will return the Products undamaged, with all delivered appurtenances and in the original condition and packaging to J. v/d Laan Sculptures.
The Consumer is liable for depreciation of the Products which is the result of a way of handling the Products which exceeds what is allowed pursuant to paragraph 4. J. v/d Laan Sculptures is entitled to charge this depreciation to the Consumer, possibly by settling it with any of the payment already received from the Consumer.
Return of the Products needs to take place within 14 days after the Consumer has dissolved the Distance Agreement in accordance with what is stipulated in paragraph 3.
If the Consumer makes use of the right of dissolution, the costs of returning the Products is at the expense of the Consumer.
v/d Laan Sculptures will refund any already received payment from the Consumer, less any depreciation, as soon as possible, but certainly within 14 days after dissolution of the Distance Agreement to the Consumer, provided that the Products have been received by J. v/d Laan Sculptures, or the Consumer has shown that the Products have actually been sent back. If the right of dissolution is only applied to a part of the order, then any delivery costs which were first paid by the Consumer are not eligible for reimbursement. Furthermore, J. v/d Laan Sculptures is not obligated to reimburse the additional costs, if the Consumer expressly opted for another manner than the least expensive manner of standard delivery offered by J. v/d Laan Sculptures.

ARTICLE 7. | DELIVERY PERIODS

All delivery periods to which J. v/d Laan Sculptures is obligated toward the Other Party, unless expressly and in Writing agreed upon otherwise, are indicative, non-strict deadlines. In the event of a non-strict deadline, the default of J. v/d Laan Sculptures does not enter into effect before the Other Party has put J. v/d Laan Sculptures in default in Writing, and this notice of default specifies a reasonable period for the performance, and J. v/d Laan Sculptures is still in default with the performance after the lapse of the last-mentioned period.
If J. v/d Laan Sculptures depends on information or other performances to be provided by the Other Party for the execution of the Agreement, and this information is not delivered in a timely manner or this performance is not performed in a timely manner, J. v/d Laan Sculptures is entitled to suspend the delivery for the duration of the delay.
Default of J. v/d Laan Sculptures offers the Other Party the right to dissolution of that part of the Agreement to which the default relates, but never right to additional damages.

ARTICLE 8. | TOLERANCES

The characteristics of the Products that are delivered may differ slightly in the offer, on the website of J. v/d Laan Sculptures or otherwise referred to and/or shown by J. v/d Laan Sculptures from what is actually delivered. Minor deviations are meant to be understood as all deviations in characteristics of the Products which the Other Party should reasonably put up with, such as small deviations in colors, dimensions and finishing. Pertaining to sculptures to be manufactured according to specifications of the Other Party, as well as bases and columns, these are manufactured handmade, which is why the end result may deviate slightly from the end result agreed upon when concluding the Agreement. The presence of minor deviations does not offer grounds for complaints for the Other Party, no grounds to suspend obligations from the Agreement, dissolve the Agreement, or claim damages or any other compensation.
When it comes to sculptures, as well as bases and columns, to be manufactured according to specifications of the Other Party, J. v/d Laan Sculptures makes an effort to give the Other Party an image as accurate as possible of the final result that can be expected, as such on basis of, among other things, images of similar works and finishings. Upon request of the Other Party, J. v/d Laan Sculptures can deliver an artist impression which gives a realistic image of the work in the area in which it is placed. Furthermore, J. v/d Laan Sculptures offers the Other Party the possibility to regularly receive photo updates during the manufacturing process about the progress, as well as to be physically present with the execution and finishing. If and to the extent that the Other Party does not make use of aforementioned possibilities, resulting in an unutilized opportunity of the Other Party to give any adjustment during the manufacturing process, the final result may deviate to a farther-reaching degree from the initial expectations of the Other Party, which cannot be designated as failure of J. v/d Laan Sculptures, this does not provide grounds for complaints for the Other Party, no grounds to suspend obligations from the Agreement, dissolve the Agreement, or claim damages or any other compensation.

ARTICLE 9. | DELIVERY

Delivery of the Products to Consumers takes place at the agreed upon location and manner. The risk of loss and damage of the Products passes to the Consumer at the time the Products are received by or on behalf of the Consumer, or in the case of installation as referred to in the next paragraph, once the installation work is completed.
If this is expressly and in Writing agreed upon, J. v/d Laan Sculptures will deliver a sculpture including installation.
Unless expressly and in Writing agreed upon otherwise, delivery to non-Consumers takes place Ex Works (EXW) according to the most recent version of the Incoterms.
Irrespective of what is stipulated in the previous paragraph, Parties may agree, in the event of delivery Ex Works, that J. v/d Laan Sculptures, at the expense of the Other Party, ensures the readying of the transport, packing/encasing and handling of any export documentation. The risk of storage, loading, transport and unloading also rests on the Other Party in that case.
v/d Laan Sculptures reserves the right to deliver orders in parts. In that case, the time for reflection of the Consumer in relation to the right of dissolution, as referred to in article 6, commences only at the time that the final partial delivery is received by or on behalf of the Consumer.
If the Products cannot be delivered to the Other Party, or not in a timely manner, as a result of a circumstance which can be attributed to the Other Party, J. v/d Laan Sculptures is entitled to store the Products at the expense of the Other Party, without prejudice to the obligation of the Other Party to pay the agreed upon price and any additional costs.
In the event that the Other Party refuses take-up of the Products or is otherwise negligent with receiving the Products, the Other Party will communicate upon first request of J. v/d Laan Sculptures within which period the Products will still be taken possession of. This period will never be longer than two weeks after the day of the request as referred to in the previous sentence. J. v/d Laan Sculptures is entitled to dissolve the Agreement if the Other Party, after the lapse of the period referred to in the previous sentence, has still neglected to take possession of the Products, without prejudice to the obligation of the Other Party to pay the agreed upon price and additional costs, the reasonable costs for storage of the Products and any other costs arisen as a result of the failure of the Other Party.

ARTICLE 10. | EXAMINATION, COMPLAINTS, WARRANTY AND CONFORMITY

At the time of delivery of the Products, the Other Party needs to examine right away whether the nature and its quantity comply with the Agreement. If the nature and/or quantity of the Products does not comply to the Agreement at the discretion of the Other Party, then this needs to be communicated immediately at the time of delivery to
v/d Laan Sculptures and the taking delivery of the Products should be omitted, unless a reservation in Writing is drawn up by the Other Party at the time of taking delivery. In the event of defects that are reasonably not visible for the Other Party at the time of delivery, the Other Party needs to communicate this to J. v/d Laan Sculptures in Writing within five days after learning of the existence of the defect, or after the Other Party could have reasonably learned of the defect.
In deviation of what is stipulated in the previous paragraph, the right to bring an action or defense in relation to the statement that a consumer purchaser does not comply with the Agreement lapses, if the defect of the Product is not communicated to J. v/d Laan Sculptures within two months after its discovery.
If the Other Party does not complain in a timely manner, it follows that no obligation whatsoever follows from such a complaint of the Other Party for J. v/d Laan Sculptures.
The obligation of the Other Party for payment in a timely manner to J. v/d Laan Sculptures remains, also if the Other Party complains in a timely manner, except to the extent that the law states otherwise by mandatory law to the benefit of the Consumer.
v/d Laan Sculptures guarantees, with due observance of provisions in article 8, that the Products comply to the Agreement. J. v/d Laan Sculptures offers an accurate idea of the Products to the Other Party of Products which are not manufactured according to specifications of the Other Party to ensure that the Other Party can have a good picture of the Product to be delivered. Delivery of sculptures, bases and columns manufactured in accordance with specifications of the Other Party takes place on basis of ‘Delivery As-Is’. This means that in the unlooked-for event that if the Other Party is unsatisfied about the final result, that Other Party cannot claim suspension, dissolution, damages or any other compensation.
v/d Laan Sculptures does not offer any guarantee which extends beyond what is stipulated in the previous paragraph, with the understanding that this does not affect the mandatory legal rights and receivables which Consumers may enforce toward J. v/d Laan Sculptures (conformity).
No grounds for complaints and claims on basis of non-conformity are defects of the Products arisen as a result of a cause originating from the outside after delivery or another circumstance not attributable to J. v/d Laan Sculptures. This includes, to be understood as non-limitative, defects as a consequence of damage from the outside, natural wear and tear, incorrect or improper handling and use in violation with the instructions for use or other instructions of J. v/d Laan Sculptures, the failure of competent and regular maintenance and making changes to the Products.

ARTICLE 11. | FORCE MAJEURE

v/d Laan Sculptures is not obligated to perform any obligation toward Other Party if and for as long as J. v/d Laan Sculptures is impeded to do so due to a circumstance which is not attributable to a fault of J. v/d Laan Sculptures, and also is not at the expense of J. v/d Laan Sculptures pursuant to the law, a legal act or generally accepted standards (force majeure).
In the event of force majeure, the performance of the obligations of J. v/d Laan Sculptures is suspended. If this period, in which performance of the obligations of J. v/d Laan Sculptures is not possible due to force majeure, lasts for longer than three months, both Parties are entitled to dissolve the Agreement without judicial intervention, without an obligation for damages in that case.
To the extent that J. v/d Laan Sculptures has already partially complied with delivery obligations at the time the situation of force majeure enters into effect or can only comply with the delivery obligations partially, J. v/d Laan Sculptures is entitled to separately charge what already delivered or is still to be delivered as though there was a separate Agreement.

ARTICLE 12. | SUSPENSION AND DISSOLUTION

v/d Laan Sculptures is, if the circumstances of the case reasonably justify it, entitled to suspend the execution of the Agreement, without judicial intervention, or to dissolve the Agreement with immediate effect in whole or in part, if and to the extent that the Other Party does not perform its obligations from the Agreement, or does not do so in a timely manner or completely, or if circumstances that J. v/d Laan Sculptures learns of after concluding the Agreement give good grounds to believe that the Other Party will not perform its obligations. If the performance of the obligations of the Other Party pertaining to which the Other Party fails or threatens to fail, is and will remain impossible, the competence for dissolution only arises after the Other Party has been put in default in Writing by J. v/d Laan Sculptures, and this notice of default specified a reasonable period in which the Other Party can (still) perform its obligations and the performance has still failed to materialize after the lapse of the last-mentioned period.
If the Other Party winds-up its business or transfers it to a third party, is bankrupt, has requested (preliminary) suspension of payment, if any of its assets are attached, as well as in the event that the Other Party does not otherwise have free disposal of its assets, J. v/d Laan Sculptures is entitled to dissolve the Agreement with immediate effect and without judicial intervention, unless the Other Party has already provided sufficient security for the performance of its payment obligations from the Agreement.
The Other Party is never eligible for any form of damages in relation to the suspension or dissolution right exercised by J. v/d Laan Sculptures pursuant to this article.
The Other Party is obligated to reimburse the damage and loss which J. v/d Laan Sculptures suffers as a result of the suspension or dissolution of the Agreement.
If J. v/d Laan Sculptures dissolves the Agreement pursuant to this article, all claims which J. v/d Laan Sculptures has on the Other Party will be immediately due and payable.

ARTICLE 13. | PRICES, COSTS & PAYMENTS

All amounts specified by J. v/d Laan Sculptures and owed by the Other Party are excluding VAT, with the understanding that an offer addressed to Consumers specifies these amounts including VAT.
Any costs of delivery, readying the transport, packing/ encasing and handling any export documentation, are at the expense of the Other Party.
Without prejudice to what is possibly expressly and in Writing agreed upon in the matter, J. v/d Laan Sculptures is entitled to claim that the amounts owed by the Other Party are to be paid in whole or in part by means of advance payment, with the understanding that J. v/d Laan Sculptures will not obligate a Consumer toward advance payment of over 50% of the agreed upon purchase price. If the Consumer has also already opted for more than half of the purchase price for advance payment, the Consumer remains obligated to this choice. Payment at the time of the delivery is not considered to be advance payment.
v/d Laan Sculptures is not obligated toward (further) execution of the Agreement until the Other Party has complied with all payment obligations toward J. v/d Laan Sculptures that rests on the Other Party and are already due and payable. In accordance with what is stipulated in article 12, J. v/d Laan Sculptures is entitled, in the event of payment default of the Other Party, to suspend the execution of the Agreement until the Other Party has remedied its payment default.
Payments need to take place in the manner specified for it by J. v/d Laan Sculptures and at the moment specified by J. v/d Laan Sculptures or within the period specified by J. v/d Laan Sculptures. In the event of transfer, J. v/d Laan Sculptures uses a standard payment period of 7 days after the invoice date, but may deviate from it in individual cases, such as in the event of down or advance payment.
Payment needs to take place without suspension or setoff being permitted, all of which to the extent the law does not oppose this to the benefit of the Consumer by mandatory law.
If the Other Party winds-up its business or transfers it to a third party, is bankrupt, has requested (preliminary) suspension of payment, if any of its assets are attached, as well as in the event that the Other Party does not otherwise have free disposal of its assets, the claims against the Other Party will be immediately due and payable.
If payment in a timely manner fails to materialize, the default of the Other Party by operation of law enters into effect. From the day that the default of the Other Party enters into effect, the Other Party owes an interest of 2% per month on the overdue amount, for which a part of a month is considered as a full month. In deviation of the previous sentence, the legal interest as it applies at the time of the payment default applies instead of the contractual interest referred to there, if the Other Party is a Consumer.
All reasonable costs, such as judicial, extrajudicial and enforcement costs, incurred to receive the amounts owed by the Other Party, are at the expense of the Other Party.

ARTICLE 14. | LIABILITY AND INDEMNIFICATION

Without prejudice to what is set out in article 10, J. v/d Laan Sculptures is no longer liable for defects of what is delivered after the delivery.
The Other Party bears the damage or loss caused by inaccuracies or incompleteness in the information made available by the Other Party for the execution of the Agreement, each other failure in the performance of the obligations of the Other Party which follows from the law or the Agreement, as well as another circumstance which cannot be attributed to J. v/d Laan Sculptures. Damage or loss as a result of a circumstance as referred to above, does not give the Other Party a claim to damages or any other compensation toward J. v/d Laan Sculptures.
v/d Laan Sculptures is never liable for indirect damage and loss, which includes suffered loss, lost profit and damage and loss as a result of business interruption. J. v/d Laan Sculptures is, without prejudice to what is stipulated in the remainder of these terms and conditions and in particular the provision in paragraph 4, only to be held liable toward the Other Party for direct damage and loss which the Other Party suffers as a result of an attributable breach of J. v/d Laan Sculptures in the performance of the obligations from the Agreement. Attributable breach is meant to be understood as a failure which a skilled and carefully acting colleague can and should avoid, all with due observance of normal caution and the expertise and resources required for the execution of the Agreement. Direct damage and loss is solely meant to be understood as:
- the reasonable costs to determine the cause and the extent of the damage and loss, to the extent that the determination is related to damage and loss which is eligible for reimbursement as referred to in these terms and conditions;
- any reasonable costs incurred to ensure that the defective performance of J. v/d Laan Sculptures complies to the Agreement, to the extent that these can be attributed to J. v/d Laan Sculptures;
- reasonable costs, incurred to prevent or limit damage or loss, to the extent that the Other Party demonstrates that these costs have resulted in limiting the direct damage and loss as referred to in these terms and conditions.
If J. v/d Laan Sculptures is liable for any damage, then J. v/d Laan Sculptures has the right to repair this damage at all times. The Other Party needs to give J. v/d Laan Sculptures the opportunity to do so, upon default of which each liability of J. v/d Laan Sculptures in the matter comes to lapse.
The liability of J. v/d Laan Sculptures is limited to at most repair or replacement of the delivery which the liability of J. v/d Laan Sculptures relates to. If repair and replacement is not possible, the liability of J. v/d Laan Sculptures is limited to at most the invoice amount of the Agreement, that is to say that part of the Agreement which the liability of J. v/d Laan Sculptures relates to.
The limitation period of all legal actions toward J. v/d Laan Sculptures amounts to one year. In deviation of the previous sentence, legal actions that accrue to Consumers which are based on facts which would justify the statement that a consumer purchase does not comply to the Agreement, become time-barred by the lapse of two years.
The Other Party indemnifies J. v/d Laan Sculptures from any claims of third parties who suffer damage or loss in relation to the execution of the Agreement and of which the cause is not attributable to J. v/d Laan Sculptures. If J. v/d Laan Sculptures is addressed by third parties on that account, then the Other Party is obligated to assist J. v/d Laan Sculptures both judicially and extrajudicially and to immediately do all which can reasonably be expected from J. v/d Laan Sculptures in that case. If the Other Party remains in default when it comes to take adequate measures, J. v/d Laan Sculptures is entitled to proceed to taking these measures, without notice of default. All costs, damage and loss which arises on the side of J. v/d Laan Sculptures and/or third parties is integrally at the risk and expense of the Other Party.
In the event of a consumer purchase, the limitations from this article do not extend to further than allowed pursuant to article 7:24 paragraph 2 of the Dutch Civil Code.
The liability limitations from these terms and conditions do not apply if the damage or loss is caused by intent or deliberate recklessness of J. v/d Laan Sculptures.

ARTICLE 15. | GENERAL COMPLAINT POLICY

Complaints pertaining to the execution of the Agreement by J. v/d Laan Sculptures need to be submitted in Writing to J. v/d Laan Sculptures, without prejudice to what is stipulated in article 10, within a reasonable period after the Other Party has observed the defects, described completely and clearly.
Complaints submitted to J. v/d Laan Sculptures are answered within a period of 14 days after being received. If a complaint requires a longer processing time, then a reply is given within the period of 14 days with a confirmation of receipt and an indication of when the Other Party can expect a more comprehensive answer.
If the complaint, in the context of a Distance Agreement, cannot be solved in joint consultation, the Consumer can submit the dispute to the disputes committee using the ODR platform (europa.eu/consumers/odr/).

ARTICLE 16. | RETENTION OF TITLE

All products sold by J. v/d Laan Sculptures to the Other Party remain the property of J. v/d Laan Sculptures until the Other Party has properly complied with all its payment obligations from the Agreement in question.
The Other Party is prohibited to sell, pledge or in any other way encumber the Products which are subject to the retention of title.
If third parties attach the Products which are subject to the retention of title, or want to establish or enforce rights on it, the Other Party is obligated to notify J. v/d Laan Sculptures of this as soon as possible.
The Other Party gives unconditional permission to J. v/d Laan Sculptures or third parties designated by J. v/d Laan Sculptures to access all those locations where the Products are located which are subject to the retention of title. Upon default of the Other Party, J. v/d Laan Sculptures is entitled to take back the Products referred to here. All reasonable costs related in this context are at the expense of the Other Party.

ARTICLE 17. | INTELLECTUAL PROPERTY

v/d Laan Sculptures reserves all rights of intellectual property, including the design right and right to a trademark, for when it comes to the Products, designs thereof and the working procedures and methods used by J. v/d Laan Sculptures. The Other Party is prohibited to distribute (or effect distribution of) these goods, to copy (or effect a copy of), to reproduce (or effect reproduction of), to disclose (or effect disclosure of) or to spread (or effect spread of) or in any other way use (or effect use of) other than in relation to the normal use intended for it by both Parties.
A violation attributable to the Other Party of the stipulation in the previous paragraph gives J. v/d Laan Sculptures the right to claim immediate reversal of the violation, as well as to claim further damages to be determined on the basis of the nature and extent of the violation.

ARTICLE 18. | FINAL PROVISIONS

The Dutch law applies exclusively to each Agreement and all legal relationships following from it between Parties.
Parties will not invoke the court before first having made an optimal effort to settle the dispute in joint consultation.
To the extent that the law does not deviate from this under the given circumstances of the case by mandatory law, only the competent court within the district of the business location of J. v/d Laan Sculptures is designated to take note of judicial disputes between Parties.
If these terms and conditions are available in multiple languages, the Dutch version of it is always the determinative factor for the explanation of the stipulations set out therein.

The Hague, August 2021

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