GENERAL TERMS & CONDITIONS

Click here for the Terms & Conditions in Dutch

 

1 General provisions

 

The terms marked with quotation marks shall have the following meanings in the context of these terms and conditions:

Cheraine Collette® is the property of the artist Cheraine Collette, and together with the trade marks LORLEON® and FERFERRO® forms part of LEF3D®, having its registered office and place of business in the Netherlands at Otterlo (6731 BT) at Arnhemseweg 64,hereinafter also referred to as “Cheraine Collette“, “we“, “us” or “our“.

Cheraine Collette creates fine art photography, photography, books and other products, hereinafter collectively referred to as “products” or “works of art“, and sells these products through our website, accessible under the name of www.cherainecollette.com, hereinafter referred to as “site” or “website” or through our representatives which you can find at www.cherainecollette.com/contact hereinafter referred to as “representatives“.

When using our website, ordering products or requesting quotations or agreements you are using “services” offered by Cheraine Collette or services provided by our “partners” which are made available where necessary to fulfill the purpose of the agreement.

The entire content of the website is hereinafter referred to as the “content“.

Parties other than Cheraine Collette and you further jointly referred to as “Third parties“.

All advertising, discounts, and promotions further referred to as “promotion” or collectively as “promotions” that may be offered to you by Cheraine Collette through its website, its social media channels, accessible under the name of www.instagram.com/CheraineCollette, www.facebook.com/CheraineCollette or www.linkedin.com/company/CheraineCollette, collectively referred to as “social media channels” or “social media” or through its representatives.

Agreement” means the agreement between Cheraine Collette and you for the Supply of certain Products, provision of certain Services or other matters if agreed in writing by Cheraine Collette’s authorized persons, to which these terms and conditions and the annexes thereto apply.

A written order under an Agreement for the Supply of Products, Services or other matters if agreed in writing, further referred to as “order“, “purchase” or “purchase order“.

You, the consumer, company or other entity that places an order, purchase or purchase order at Cheraine Collette or makes use of the website and its related content, hereinafter referred to as “you” or “your“.

You and Cheraine Collette are collectively referred to as “parties“.

 

2 Applicability

 

1. These terms and conditions apply to requests for information, prices or proposals, orders, quotations, agreements, products, content, promotions, website and services between Cheraine Collette and you.

2. Deviation from these terms and conditions may only be agreed in writing.

3. Any general terms and conditions or other special terms and conditions of yours, under any denomination whatsoever, are expressly rejected.

4. If these terms and conditions conflict with provisions of a signed agreement, the provisions of the agreement will prevail.

5. In accordance with these general terms and conditions, electronic data traffic and faxes are considered equivalent to written documents. Electronic data traffic is understood to mean the message traffic by e-mail, Internet and EDI (Electronic Data Interchange).

6. In compliance with these general terms and conditions or agreements, your staff includes third parties who are or will be involved by you in the performance of the Agreement.

7. You are deemed to have unconditionally accepted these terms and conditions as soon as you visit our website, make use of our services, products, promotions, content or if Cheraine Collette has started to work on the product or service.

8. Cheraine Collette reserves the right to unilaterally amend the terms and conditions at any time. You agree to be bound by any such changes. The amended terms and conditions will replace the old terms and conditions on the website. We recommend that you first read the general terms and conditions when visiting our website.

 

3 Use of our website

 

1. Cheraine Collette reserves the right to provide or withdraw promotions at her discretion.

2. Cheraine Collette assumes no liability for the use of our website, services, content and referrals to its social media channels or third parties. Your use of the website, services and content, and leaving the website, is entirely at your own risk.

3. Cheraine Collette reserves the right to take the website offline or put it into maintenance mode when deemed necessary by Cheraine Collette.

4. Cheraine Collette reserves the right to modify, delete or partially deny access to, in relation to, but not limited to, content, products, services, parts of the Website, or social media, partners and agents, as Cheraine Collette deems necessary.

5. You clarify that you are over 18 years of age, legally representing yourself your company or a third party in a lawful manner, and that all information provided is filled in correctly when requested. Cheraine Collette reserves the right to deny access to the website, services, products, content, cancel orders, recall products, or take other measures if deemed necessary.

6. If you register an account on our website, you are responsible for maintaining the confidentiality of your login details. If you have lost your details you must contact us and report this to us via e-mail address: info@cherainecollette.com.

7. In the event of a successful attack on the website, Cheraine Collette will notify you as soon as possible and you will be responsible for updating your login details.

 

4 Quotation, Order and establishment of Agreement

 

1. If you do not agree with these conditions then you cannot use the website, products and services.

2. Upon demonstrably completion of your payment for our products or services by the method of payment of your choice, a binding agreement will be established between you and Cheraine Collette. Cheraine Collette will remain entitled to terminate this agreement at any time whenever there is reason to do so.

3. An offer is free of charge and has a maximum term of validity of 3 months. Cheraine Collette may cancel the quotation at any time.

 

5 Changes

 

1. Cheraine Collette reserves the right to change the content of her website, products, services, general terms and conditions, policies, representatives, partners, content, and promotions in any form without notice and without any rights being derived by you.

2. If you wish to make any changes or interim changes to any product or service in your order, you must contact Cheraine Collette as soon as possible to notify Cheraine Collette of your wish to make such changes. Cheraine Collette may refuse to make changes. Changes may affect the agreement between you and Cheraine Collette, including but not limited to price, delivery times, transport crates and packaging, delivery costs, warranties, insurance costs, taxes, duties and other costs and risks borne by you.

 

6 Terms

 

1. No rights can be derived by you with regard to production- and or delivery dates. All dates mentioned are indicative due to the custom made nature of our products, delays may occur in the production or delivery process which may be beyond the control of Cheraine Collette. Cheraine Collette will contact you in the event of changed dates.

2. Dates stated in regard to quotations and offers are final deadlines unless otherwise indicated in writing by Cheraine Collette.

 

7 Prices

 

1. The agreed prices are fixed during the period of validity of the offer or provision in the agreement, unless it is explicitly stated in the agreement that the prices are subject to change. The prices are in Euro and are exclusive of applicable taxes (unless stated otherwise on the website), (import) levies, transport costs and insurances and additional costs or adjustments.

2. An agreement will be terminated if the product to which the agreed price relates is no longer available or can no longer reasonably be delivered at the agreed price. Cheraine Collette cannot be held to agreed prices or promotions if you can or should reasonably have understood that the quotations or offers, or any part thereof, contain an obvious mistake or clear error.

3. Depending on the product that you purchase from us as an individual or company, different laws, levies and taxes may apply in your country, which may be charged in addition to the product price and which you must comply with.

 

8 Method of payment

 

1. The payment methods on the website consist of, unless otherwise agreed in writing with Cheraine Collette, credit card or PayPal.

2. In case you have come to an agreement with Cheraine Collette to pay by invoice, payment must be made by you within 30 days from the date of invoice to the bank account number indicated in the invoice, with the corresponding details identifying the payment. In the event of payment by invoice, unless otherwise agreed in writing, production of the products or services indicated in the invoice will only commence 24 hours after the full amount has been received on the specified bank account number.

 

9 Transport and Shipping

 

1. In addition to the product price of our products, transport costs, insurance costs, taxes and (import) levies of the product(s) agreed between you and Cheraine Collette will be charged in accordance with Article 7.

2. Where applicable, Cheraine Collette will provide the agreed products with a track and trace number and you will receive the track and trace number from Cheraine Collette or from our partners at the e-mail address provided by you.

3. Unless otherwise agreed in writing with Cheraine Collette, the products will be sent to you on a “Duties Taxes Paid” basis and registered for receipt.

4. On delivery of our products, you must sign the (electronic) proof of delivery from our partner/courier service in order to be able to invoke Article 17.

5. Certain works of art or products may be eligible for additional shipping costs, handling costs, insurance costs, unforeseen costs, transport crates or packaging according to our partners’ guidelines, regulations in effect in your country or special provisions to be made. These costs will be charged in addition to the product price.

 

10 Colour

 

1. Cheraine Collette makes an effort to present the content, works of art and products on the site as faithfully as possible. Cheraine Collette expressly waives any liability for colour variations in the content, works of art and products in relation to the colour presentation on the medium with which you visit our website, services or social media.

2. In order to obtain a correct impression of our works of art and products, we recommend that you visit one of our representatives or make an appointment with us at the studio before placing an order. You can find our representatives under the following link on our website; www.cherainecollette.com/contact.

 

11 Size differences

 

1. Dimensional differences as a result of contraction, expansion or strain of the materials to be used cannot be ruled out and cannot give cause to reject the product. Based on the custom-made nature of the works of art and products, choice of materials, aesthetic choices or choices of a different nature, deviations may exist between the product you have purchased and another copy from the same edition or series. These deviations cannot be grounds for rejection if it can be reasonably assumed that the deviations do not affect the utility value, quality or general condition of the work of art or product.

2. The dimensions of the products and services are based on the metric system and are expressed in centimetres. No rights can be derived from deviations or inaccuracies due to conversion to another system.

 

12 Return, cancellation and force majeure

 

1. All Cheraine Collette products are custom made and cannot be returned unless specifically indicated by us with the product or otherwise agreed in writing with Cheraine Collette. We also strongly recommend that if in doubt, you visit one of our representatives at www.cherainecollette.com/contact or contact Cheraine Collette to make an appointment in our studio.

2. If you are purchasing products online as a consumer and have been informed by Cheraine Collette that you can return the product, you have 14 days to do so. You can return the product within 14 days after purchase, provided that the product is in its original condition without damage. 

The purchase amount will be refunded to your account minus any damage and transport costs.

3. Cancellation is subject to a period of 24 hours after purchase. After cancellation, the costs will be refunded via the same payment method with deduction of any transaction costs or exchange rate changes.

4. In the event of cancellation after 24 hours, the costs incurred up to that time will be charged, and the remaining amount will be refunded after deduction of any transaction costs or exchange rate costs.

5. Cheraine Collette reserves the full right to cancel the contract before any work has been performed in relation to the fulfillment of the agreement between you and Cheraine Collette. If this situation arises, the full purchase price will be refunded to your account.

6. Cheraine Collette reserves the full right to cancel the agreement after the commencement of the agreement in the case of Force Majeure. In the event of Force Majeure, Cheraine Collette will contact you immediately to discuss options. If an agreement between you and Cheraine Collette consists of multiple products or services, the agreement will be invoiced at the time of the Force Majeure Event in proportion to the number of products or services completed.

7. Cheraine Collette retains full and complete ownership of the Products until full payment of the Agreement has been made. If the payment is not fulfilled, Cheraine Collette retains the full right to reclaim the Products, charging all costs incurred and the remaining amount will be refunded to your account with any deduction of transaction fees, exchange charges and any other costs incurred.

 

13 Intellectual property

 

1. All intellectual property rights; including but not limited to trademark, related rights, Industrial design rights, trade name rights, copyrights, author’s rights, moral rights, personality rights, patents and other rights relating to property, works of art, books, products, film, music, clothing, website, logos, media, all other content on the website and all other matters created or arising out of the intellectual property of Cheraine Collette, shall at all times be reserved for Cheraine Collette, and may not be reproduced or published or modified in any form without the written consent of Cheraine Collette.

2. When purchasing a product from Cheraine Collette, all of the above intellectual property rights remain with Cheraine Collette. By purchasing the product, you only acquire ownership of the material product, no intellectual property rights or other rights are transferred. It is forbidden to reproduce, publish or modify the products in any form whatsoever.

 

14 Transfer of rights and obligations

 

1. You may not assign or sub-contract the rights and obligations under the agreement, in whole or in part, to any third party without the prior written consent of Cheraine Collette.

 

15 Consignment

 

1. In the event of consignment, the products remain the property of Cheraine Collette. You shall ensure that the products are adequately insured for the value of the product from the moment it leaves Cheraine Collette’s storage or collection point until it is returned to Cheraine Collette’s storage or collection point.

2. If after the receipt of the products by Cheraine Collette it appears that the products do not meet the requirements, Cheraine Collette shall be entitled, within 8 days of the discovery of any defect, to recover the defect from you according to the value of the repair or production costs incurred to replace the product.

 

16 Confidentiality

 

1. Any information relating to products, pricing arrangements, promotions, agreements, intellectual property, communications or other information that you have received or become aware of in any way will be kept confidential and will not be disclosed to any third party without Cheraine Collette’s written consent.

2. Cheraine Collette can oblige you to have your staff or any third party engaged by you sign a non-disclosure agreement.

3. If you act contrary to the provisions in this article, Cheraine Collette is entitled, without notice of default or judicial intervention being required, to an immediately payable penalty of Euro 10.000,– without prejudice to Cheraine Collette’s right to full compensation of damages and its right to claim full performance.

 

17 Product Damage and Warranty

 

1. Damage must be reported in writing to both the courier company and Cheraine Collette within 48 hours of signing the receipt, in accordance with the step-by-step plan 1.1 to 1.3 set out below. If you do not report damage to the product within 48 hours of receipt, Cheraine Collette is entitled to assume that the product has been received in good condition and that it complies with the mutually agreed characteristics.

Should you find any damage to our products upon delivery, please do the following:

1.1 In the case of delivery where damage to the packaging is immediately visible and where there is a suspicion that the contents of the packaging have been damaged, we ask you to take photographs and film the package and have a note made by the courier. Subsequently, we urge you to report the damage by e-mail within 48 hours, together with the photographs and film including your order details, to the following e-mail address: info@cherainecollette.com.

1.2 Always keep all packaging material and products.

1.3 A representative will contact you on behalf of Cheraine Collette to discuss the next steps.

2. For the quality, colour fidelity, instructions for use, and warranty conditions of the Cheraine Collette signed and limited fine art works, we use the warranty conditions of our master printer/partner: see https://www.re-art.com/wp-content/uploads/2018/06/Garantiebepalingen-Re-Art.pdf.

If you are in possession of signed and limited Cheraine Collette fine art works executed in ultra-HD print under Acrylic glass, purchased before the year 2020, we apply the guarantee conditions of our printer/partner: see https://www.whitewall.com/uk/terms-and-conditions.

3. You have no more claim on Cheraine Collette than Cheraine Collette has against its partners. Cheraine Collette is not bound by any warranty beyond that of its partners.

4. In case a Cheraine Collette signed and/or limited product fails after the warranty period and you can prove this by means of photo or video, Cheraine Collette may provide you with a replacement at minimum costs. “Minimum costs” means the minimum production cost, transport crates and packaging costs, shipping costs, insurance costs and any additional taxes and levies. Before the replacement is shipped, you must demonstrate by means of a photo or video that you have visibly destroyed the product to be replaced.

 

18 Privacy policy

 

1. Cheraine Collette will only collect data that is necessary for the delivery of the Products and for the fulfilment of any agreement and/or services. In doing so, some information (such as address) must be provided to third parties in order to verify and complete shipment and payment. Information relating to the warranty of your product will also be stored.

2. Information relating to visits to our website and services is used by Cheraine Collette in connection with the improvement of our website and/or services.

3. If you wish to have any personal data deleted and or to exercise other privacy rights, please contact us at the following e-mail address: info@cherainecollette.com.

 

19 Disputes and applicable law

 

1. The general terms and conditions have been drawn up in both Dutch and English. In the event of contradictions between the Dutch and English versions, the Dutch version shall prevail.

2. In the event of a complaint you agree to first notify Cheraine Collette of the complaint via the e-mail address: info@cherainecollette.com, after which you agree to mutually seek a reasonable solution.

3. If the parties cannot reasonably reach a solution, disputes will be settled exclusively by the court (Gelderland) of Arnhem, the Netherlands.

4. The applicable law for all disputes relating to these general terms and conditions, products and services of Cheraine Collette is Dutch law.

 

20 Liability

 

1. Cheraine Collette shall only be liable for visible defects in her products and provided that Cheraine Collette has been notified in accordance with Article 17.

2. Furthermore, Cheraine Collette offers a guarantee of quality and colour fidelity in respect of fine art works in accordance with the guarantee provisions of the master printer/partner: see https://www.re-art.com/wp-content/uploads/2018/06/Garantiebepalingen-Re-Art.pdf. Or if you are in possession of Cheraine Collette fine art works executed in ultra-HD printing under Acrylic glass, purchased before the year 2020, we apply the guarantee conditions of our printer/partner: see https://www.whitewall.com/uk/terms-and-conditions.

3. Cheraine Collette shall only be liable for the repair of defects or replacement of a product. Cheraine Collette’s maximum liability shall be the amount required to repair the defect or replace a product. Any other liability such as, but not limited to, direct damages, indirect damages, consequential damages, interest, penalties and legal fees is expressly ruled out.