Terms and Conditions Apollo Art & Antiques

Article 1 Applicability

  1. These general terms and conditions apply to every offer from Apollo Art & Antiques and to every agreement between Apollo Art & Antiques (also referred to as “we” and “us”) and the customer (also referred to as “you” and “your”).
  2. Before concluding the agreement, the customer can read these general terms and conditions via the website and must confirm agreement with these general terms and conditions (by ticking the acceptance box on the website during the ordering process).
  3. Apollo Art & Antiques expressly rejects any general terms and conditions declared applicable by the customer.

Article 2 The Offer

  1. The offer from Apollo Art & Antiques is without obligation and may be withdrawn at any time by Apollo Art & Antiques. Apollo Art & Antiques endeavours, when using a website on which its products are offered, to keep the website up to date and to remove products that have already been sold. However, if the customer has accepted an offer that has already been accepted by another party, no agreement will be concluded between Apollo Art & Antiques and the customer.
  2. The offer includes a description and an image of the products and/or services offered. Obvious errors or mistakes in the offer are not binding on Apollo Art & Antiques.
  3. Please note that all items offered are not new and may therefore show signs of use and wear consistent with their age. Upon request, we can provide further information about the condition of the offered objects. If the customer does not request such additional information, the customer accepts the condition of the item as it is.

Article 3 Price

  1. Prices of our products are subject to change.
  2. In the case of obvious errors resulting in an unrealistically “low” price, Apollo Art & Antiques may cancel the agreement without further obligation.
  3. All our prices are in Euros (€) and include applicable VAT.
  4. Shipping costs will be charged to the customer.
  5. For shipments of products outside the EU, applicable customs duties, import taxes, and formalities are the sole responsibility of the customer. In such cases, the customer must verify that the goods can be imported into the destination country in accordance with the customs regulations of that country.

Article 4 The Agreement

  1. The agreement is concluded at the moment the customer accepts the offer and meets the conditions set out therein.
  2. If the customer has accepted the offer electronically, Apollo Art & Antiques will confirm receipt of the acceptance of the offer electronically.

Article 5 Delivery and Execution

  1. The place of delivery is the address provided by the customer to Apollo Art & Antiques.
  2. When delivering products to the customer, Apollo Art & Antiques will charge delivery costs.
  3. Apollo Art & Antiques will execute accepted orders as quickly as possible, but no later than within 7 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the customer will be informed within 7 days after placing the order.

Article 6 Transport Damage

  1. If a shipment is received in damaged condition, you must inform the courier from the shipping company and have an official note made stating that the shipment was received with damage. Do not accept the shipment without noting “damage.”
  2. If you discover the damage after the courier has left, report it by email or telephone to Apollo Art & Antiques (info@apolloartantiques.nl) as soon as possible but within a maximum of 72 hours after receipt of the shipment. Also make your complaint known to the shipping company within 72 hours of receipt.
  3. The customer must fully cooperate with Apollo Art & Antiques and the shipping company to make a claim under the transport insurance. This includes, at a minimum, promptly answering questions and providing additional information, such as photos of the damaged packaging and product.
  4. Apollo Art & Antiques will endeavour to find a suitable solution for both the customer and itself regarding the damage.
  5. If the customer does not provide the necessary cooperation, the risk of damage and any additional costs for returning the goods will be borne by the customer.
  6. Once a successful claim has been made on the transport insurance arranged by Apollo Art & Antiques, Apollo Art & Antiques will reimburse the customer for the damage up to a maximum of the amount paid out by the transport insurance.

Article 7 Lost Shipments

  1. If a shipment is lost by the shipping company, please inform us as soon as possible by email (info@apolloartantiques.nl). We will then have the shipping company investigate to locate the shipment.

Article 8 Returns

  1. We only accept returns when we have delivered the wrong item or when the delivered product deviates substantially from the description.
  2. All our products are used items and may therefore show signs of use and wear consistent with their age. We describe the products on our website as accurately as possible and can provide further information upon request. If the customer does not request additional information, they accept the condition of the item as it is. Signs of use and wear consistent with a product’s age do not constitute grounds for return or cancellation of the purchase agreement. Because our products are antiques, we cannot provide any guarantees regarding the materials used, construction, or functioning of the products.

Article 9 Right of Withdrawal (EU Private Consumers Only)

  1. This article applies only to distance purchases where the private customer is a resident of the EU and delivery takes place within the EU. It does not apply when the customer collects the purchase in-store. It does not apply when the customer is a business. This article also does not apply to goods specially ordered, restored, or customised for the customer.
  2. The customer has the right to withdraw from the agreement within 14 days without giving any reason. The withdrawal period expires 14 days after the day on which the customer or a third party designated by the customer, other than the carrier, physically receives the goods.
  3. To exercise the right of withdrawal, the customer must inform us by email (info@apolloartantiques.nl) of the decision to withdraw from the agreement.
  4. Until a possible withdrawal from the agreement, the customer shall handle the product and packaging with care. The customer shall only unpack or use the product to the extent necessary to determine whether they wish to keep it. If the customer exercises the right of withdrawal, they shall return the product, with all accessories supplied and – if reasonably possible – in its original condition and packaging, to Apollo Art & Antiques in accordance with the reasonable and clear instructions provided.
  5. The customer is liable for any depreciation of the goods resulting from handling the goods beyond what is necessary to determine their nature, characteristics, and functioning.
  6. The customer must return the goods without undue delay, and in any event no later than 14 days from the day on which they notified us of the decision to withdraw from the agreement.
  7. Goods must be returned well-packaged and insured. The customer is liable for any damage occurring during or as a result of the return shipment.
  8. The direct costs of returning the goods are to be borne by the customer.
  9. As soon as we have received the returned goods, we will inspect them. If we find damage to the goods, we will deduct this from any refund amount due to the customer.
  10. If you withdraw from the agreement, you will receive all payments you have made up to that point, excluding delivery costs, reduced by any depreciation resulting from damage, without undue delay and in any event no later than 14 days after we have received the returned goods.

Article 10 Conformity and Liability

  1. The products delivered by Apollo Art & Antiques conform to the agreement.
  2. Apollo Art & Antiques is only liable to the customer for damage that is the direct result of an attributable failure in the performance of this agreement (direct damage) up to a maximum equal to the sales price of the product, unless there is intent or deliberate recklessness on the part of Apollo Art & Antiques.
  3. Apollo Art & Antiques is not liable for indirect damage suffered by the customer.

Article 11 Ownership and Risk

  1. Products delivered to the customer remain the property of Apollo Art & Antiques until the agreement has been fully performed. However, the risk passes to the customer as soon as the customer, or a third party designated by the customer who is not the carrier, physically takes possession of the goods.

Article 12 Payment

  1. Unless otherwise agreed, amounts owed by the customer must be paid unconditionally before delivery of a product.
  2. Apollo Art & Antiques is entitled to require a deposit from the customer. In such a case, the agreement is entered into under the suspensive condition of receipt of this deposit. The customer cannot claim any rights regarding the performance of the relevant order or service(s) before the agreed advance payment has been made.
  3. The customer must promptly notify Apollo Art & Antiques of any inaccuracies in the provided or stated payment details.
  4. In the event of non-payment by the customer, Apollo Art & Antiques is entitled, subject to statutory restrictions, to charge the reasonable costs made known to the customer in advance.

Article 13 Other Provisions

  1. If these general terms and conditions are partially invalid or non-binding, the parties remain bound to the remaining part. The parties shall replace the invalid or non-binding part with provisions that are valid and binding and whose legal effects, considering the content and purpose of this agreement, correspond as closely as possible to those of the invalid or non-binding part.
  2. The customer is not entitled to transfer rights and obligations from this agreement.
  3. If the customer does not comply with the obligations in Article 3 paragraph 5, resulting in the shipment not being deliverable to the customer, the customer shall be liable for all resulting costs, including the costs of returning the shipment to Apollo Art & Antiques.

Article 14 Complaints, Disputes, and Applicable Law

  1. Complaints about the performance of the agreement must be submitted to Apollo Art & Antiques in a timely manner, fully and clearly described, after the customer has discovered the defects.
  2. Apollo Art & Antiques will, in consultation with the customer, propose an appropriate solution to the complaint, such as offering the possibility of repair or a reduction in the price.
  3. Agreements between Apollo Art & Antiques and the customer to which these general terms and conditions apply are governed exclusively by Dutch law. All disputes arising in connection with this agreement will be settled exclusively by the District Court of Midden-Nederland.

Article 15 Definitions

  1. Customer: the person entering into an agreement with Apollo Art & Antiques.
  2. Day: calendar day.

These terms and conditions have been translated from Dutch. We inform you that only the original Dutch version is legally binding.

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