Terms and conditions

To protect your own interests please read the conditions carefully before you check the tick box. If you are uncertain as to your rights or have any questions – please telephone or email Rendezvous Artspace at info@rendezvousartspace.com before you place your order.

By placing an order and purchasing goods from Rendezvous Artspace you enter into a legally binding agreement with us on the following conditions. You should read and understand these conditions because they affect your rights and liabilities.

These are the Standard Terms and conditions of Sale of Rendezvous IVS (“the Seller”, “We” or “Us”) for certain products as set out in the pages on this site (“the Goods”). In accordance with the provisions of the Consumer Protection (Distance Selling) Regulations 2000, you have the right to withdraw from this transaction. Details of your right to withdraw will be sent to you with the Goods when they are delivered and can be found in Clause 9 below.

These conditions describe the basis for purchase by you and sale by us, on behalf of the artist, of the artwork described on this website.

1. ‘Regulations’ means the Consumer Protection (Distance Selling) Regulations 2000; ‘Web Site’ our presence on the world wide web, currently accessible via the address www.rendezvousartspace.com

1.2 Reference to any statute or statutory provisions shall be deemed to include any statutory modifications or re-enactments thereof or any rules or regulations made thereunder or any enactment repealing and replacing the act referred to.

1.3 Unless the context otherwise requires.

1.4 Headings are inserted for convenience only and shall not affect the construction or interpretation of these conditions.

2. Basis of the sale

2.1 We shall sell to you and you shall purchase only those goods which you have set out in an order and which have been accepted by us. We reserve the right to reject any order. Unless otherwise agreed in writing each such sale of Goods will be subject to these terms and conditions

2.2 No Order submitted by you shall be deemed to be accepted by us unless and until confirmed by e-mail or in writing by us.

2.3 No variation to these conditions shall be binding upon us unless and until agreed by e-mail or in writing by us.

2.4 Any error or omission in any information or document issued by us shall be subject to correction provided that the correction does not materially affect the contract.

3. Orders

3.1 The quantity, quality and description of the Goods will be those set out in your Order (if accepted by us).

3.2 Orders are accepted at our sole discretion but are normally accepted if the Goods are available, the order reflects current pricing, you are based in the Delivery Area.

3.3 You or we are entitled to withdraw from any contract in the case of obvious errors or inaccuracies regarding the Goods appearing on our website.

3.4 You shall be responsible for ensuring the accuracy of the terms of any Order submitted by you, and for giving us any necessary information relating to the Goods within a sufficient time to enable us to perform the Contract in accordance with its terms.

3.5 The quantity, quality and description of and any specification for the Goods shall be those set out in the relevant pages of this site.

3.6 We reserve the right to make changes in the specification of the Goods, which are required to conform with any applicable statutory or EC requirements

3.7 All photographs of Goods are as close to reality as possible. If you find the colour or material grading in reality is not what you expected from the photos, you still have the right to send the Goods back and receive full refund for the Goods. Delivery is however a separate payment, which you will still be charged for. Rendezvous Artspace, the photographer or artist cannot be sued for photos that do not live up to expectations.

4. Price of the goods

4.1 The price of the Goods shall be the price set out on the relevant page of this site. We reserve the right to change the prices set out on this site provided that if we accept an order from you the price for the goods will be the price set out in the relevant range at the time the order is placed.

4.2 If the price of the Goods increases between the date we accept your Order and the delivery date, we will let you know and ask you to confirm by e-mail/in writing that the new price is acceptable. If it is not acceptable then you will, of course, have the option of cancelling the order.

4.3 The price of the Goods does not include insured postage or packaging. There will be an additional charge made relative to the size and amount of Goods insured for postage and packaging. This charge will be clearly shown on the Invoice.

4.4 The total price is inclusive of any applicable value added tax.

5. Terms of payment

5.1 When Goods are ordered online at Rendezvous Artspace, you will receive an invoice within 4 – 7 workdays. This will be send to your e-mail, which is required when placing the order. Relevant information about payment will appear on the invoice. If payment fails to be transferred to the stated bank details 14 days after the invoice was correctly delivered, the reservation will be cancelled. All transactions go through Rendezvous Artspace, and it is this firms responsibility to correctly transfer payment to the artist or artists.

5.2 If it is not possible to obtain full payment for the Goods from your account on delivery of the Goods to you, we can cancel the Order or suspend any further deliveries to you. This does not affect any other rights we may have.

5.4 We will pass your personal information to the delivery firm but not to any other third party without your permission. Unless solely due to our negligence we cannot be held liable for any losses you may suffer.

6. Delivery

6.1 All delivery goes through one of our partners unless Rendezvous Artspace estimates that the distance between the location of the Goods and the buyer is small enough for the buyer to pick up the artwork by himself. In this case we will send out a request for this pick up to the buyer and settle the agreement between the buyer and the artist. Rendezvous Artspace has no legal binding or responsibilities from the moment of the transfer from artist to buyer. It is Rendezvous Artspace who communicates sales between you and the artist, but in terms of delivery Rendezvous Artspace have no legal binding or responsibilities. When Goods are ordered online, you will receive an offer on transportation communicated by Rendezvous Artspace. When the buyer accepts this offer an invoice on the Goods including the price of transportation is send within 4 – 7 workdays. When this agreement is carried out, Rendezvous Artspace has no responsibilities regarding the delivery. All issues regarding transportation go through
the firm. Insurance and potential damages also go through the transport firm. Questions can however be placed to Rendezvous Artspace.

6.2 Rendezvous cannot pass on personal information about the artist to unknown firms or persons. It is Rendezvous Artspace that holds all personal data and only us that can hand these out to artist and buyer as well as transport firms.

6.3 It is an external transport firm who sets the price for transportation and this fee will be clear on invoice. Rendezvous Artspace will send a collected invoice for both Goods and Delivery. Rendezvous Artspace hereafter pay the transport company and artists.

6.4 Please be precise about where you would like the Goods left if you are out when we deliver. Once the Goods have been delivered in accordance with your delivery instructions, you will be responsible for them. Our responsibility for everything other than damage due to our negligence or due to a manufacturing design or design fault will cease upon delivery.

6.5 If delivery cannot be made within 30 days of the given delivery date you will be entitled to either arrange a revised date or cancel the order and receive a full refund.

6.6 If the order is a multiple order and we are unable to make delivery of the whole order but are able to deliver part we will contact you, informing you of this, and delivery will be on a mutually agreed date. In this instance delivery will be said to be made in installments. Each delivery shall constitute a separate contract and any failure by us to deliver any one or more of the installments in accordance with these conditions, or any claim by you in respect of any one or more installments will not entitle you to treat the contract as a whole as repudiated.

6.7 Either party is entitled to cancel the contract in respect of non-performance of obligations in relation to delivery. If cancelled we will refund you any money already paid by you and any reasonable return costs incurred by you.

6.8 If it cannot be proven that the Goods were damaged before delivery, Rendezvous Artspace do not pay the delivery if you wish to return. If the Goods was damaged during delivery, the external transportation firm holds the responsibility. The Goods must be properly insured during transportation – this fee is included in the offer send by Rendezvous Artspace. All returns are paid by the buyer.

7. Risk and property

7.1 As soon as the transport firm has delivered the Goods or services, you will be responsible for them. If you delay a delivery our responsibility for everything other than damage due to our negligence will end on the date we agree to deliver them, as set out in the contract.

7.2 Subject to the provisions of clause 9 and notwithstanding delivery and the passing of risk in the Goods, or any other provision of these conditions, the property in the Goods shall not pass to you until we have received in cash or cleared funds payment in full of the price of the Goods. Goods supplied to you are not for resale.

8. Warranties and liability

8.1 Terms and conditions of this contract do not affect any additional rights you may have under a manufacturer’s warranty/guarantee. These are rights given to you by the manufacturer in addition to your statutory rights. Any additional rights given to you by the manufacturer in respect of Goods purchased are not incorporated into this contract.

8.2 As a consumer you have statutory rights regarding the return of defective Goods and claims in respect of losses caused by any negligence on our part or our failure to carry out our obligations. The terms and conditions of this contract do not affect your statutory rights.

8.3 IMPORTANT NOTICE: TIME LIMIT FOR NOTIFICATION OF CLAIMS
You are asked to examine the goods as soon as reasonably possible after delivery. Any claim by you based on any defect in the quality or condition of the Goods or their failure to correspond with specification must (whether or not delivery is refused by you) be notified to the company within 14 days from the date of delivery or within a reasonable time after discovery of the defect or failure if it was not apparent on reasonable inspection.

8.4 Where a valid claim in respect of Goods delivered is notified to us within 14 days of the delivery date, or within a reasonable time if not apparent on reasonable inspection, you are entitled to: reject the Goods and receive a full refund for the Goods and from transportation by the transport firm. Any claims made after 14 days of delivery or exceeding a reasonable time of discovery, we shall be entitled to: at our sole discretion refund to you the price of the Goods (or a proportionate part of the price) and we shall have no further liability to you.

8.5 Except in respect of death or personal injury caused by our negligence we will not be liable under this contract for any loss or damage caused by us or our artists in circumstances where:
i) there is no breach of a legal duty of care owed to you by us or by any of our employees or
agents;
ii) such loss or damage is not a reasonably foreseeable result of any such breach;
iii) any increase in loss or damage resulting from breach by you of any term of this contract.
In the event that you are using the supply address in part for commercial purposes then no
liability for loss of profits or other economic loss arising out of a breach of this agreement can
be accepted.

8.6 Subject to our obligations, and your rights under the Regulations, we shall not be liable to you or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the Goods if the delay or failure was due to any cause beyond our reasonable control.

8.7 We assume no responsibility for the contents of any other web sites to which this Web Site has links.

9. Right to Cancel

9.1 You have 14 days after the date on which you have received the Goods to cancel the Contract, and return the Goods at your cost and receive a full refund of the purchase price and any delivery cost.

9.3 Goods must be returned complete and undamaged with all accessories and instructions. The original packing must be returned in reasonable condition.

9.4 The right to cancel this contract will not apply in respect of: Personalized Goods or Goods made to your specification Audio, video recordings (including DVDs) or computer software you have unsealed.

9.5 all returns must be paid by the buyer unless it can be proven that goods were damaged before or under transportation.

Copyright

The contents of the Sites, such as text, graphics, images, audio, video, data, coding, scripts, computer programs and other material (collectively “Materials”), are protected by copyright under the laws of Denmark as well as other countries, and are owned or controlled by us or by third parties that have licensed their Materials to us.

We authorize you to view and download a single copy of the Materials solely for your personal, non-commercial use, or in the case of galleries, to display to your clients solely for purposes of facilitating a transaction with us.

All rights in and to the Material not expressly granted to you are reserved. Neither the availability of, nor anything contained within the Site shall be construed as conferring any license under any of Rendezvous Artspace or any third party’s intellectual property rights, other or further than as expressly provided in the foregoing provisions of this paragraph. Unauthorized use of the Materials may violate copyright, trademark, and other laws. You may not sell, prepare derivative works based on or modify the Materials (including, without limitation, preparation of summaries of the Material or “thumbnails” of any images therein), or reproduce, publicly display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose.

The use of the Material or any portion thereof on any other sites, or in any publication, database, catalogue or compilation, or in a networked computer environment for any purpose other than personal browsing of the Site without our express prior written permission is strictly prohibited.

With respect to any copy you make of the Materials within the scope of the limited license granted herein, you must retain therein, unmodified and unobscured, any and all copyright and other proprietary notices contained in the original Materials.

Some of the Materials may contain digital “watermarks” to indicate their source and ownership. You agree not to attempt to remove, deactivate, reverse engineer, modify, tamper with or obscure any such watermarks. If you would like information about obtaining Rendezvous Artspace’s permission to use the Material on your site, please email info@rendezvousartspace.com

10. Communications

10.1 Any communication sent electronically by e-mail or otherwise:

10.1.1 will be deemed to have been sent once it enters an Information System outside the control of the originator of the message;

10.1.2 will be deemed to have been received by the intended recipient at the time that in a readable form it enters an Information System which is capable of access by the intended recipient;

10.1.3 will be deemed to have been dispatched in the case of a business at its principal place of business and in the case of an individual where he or she ordinarily resides;

10.1.4 will be deemed to have been received in the case of a business at its principal place of business and in the case of an individual where he or she ordinarily resides.

10.2 To protect your own interests you should ask for a delivery receipt for any such and retain a hard copy of that delivery receipt and the original correspondence.

11. General

11.1 Any communication sent by post will be deemed received by the intended recipient three days following mailing where sent by first class post or fifteen days after mailing where sent by second class post.

11.2 The clauses of these conditions and each sub-clause thereof are several and if any part of any clause or sub-clause shall be void, invalid or unenforceable then the remainder of such clauses or sub-clauses shall nevertheless be valid and enforceable.

11.3 No term of the Contract is intended to confer a benefit on, or be enforceable by, any person who is not a party to the Agreement.

11.4 If any provision of these conditions is held by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction in whole or in part, it will not affect the validity or enforceability of the other provisions of these conditions and the remainder of the provision in question shall not be affected nor will it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction.

11.5 We will try and solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings you must do so within Denmark.

11.6 The headings in these conditions are for convenience only and will not affect their interpretation.

 

Thank you for buying original art by emerging artists through

Rendezvous Artspace.