Article 1 Applicability
1.
These 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 the agreement is concluded, the customer can read these general terms and conditions via the website and the customer must confirm to agree with these general terms and conditions (by ticking the appropriate box on the website during the order).
3.
Apollo Art & Antiques explicitly rejects any general terms and conditions declared applicable by the customer.
Article 2 The offer
1.
The Apollo Art & Antiques offer is without obligation and can be withdrawn by Apollo Art & Antiques at any time. Apollo Art & Antiques makes every effort, when using a website on which its products are offered, to maintain the website and to remove products that have already been sold. However, if the customer has accepted an offer, while it was previously accepted by someone else, then no agreement will be concluded between Apollo Art & Antiques and the customer.
2.
The offer contains a description and an image of the products and / or services offered. Obvious mistakes or errors in the offer do not bind Apollo Art & Antiques.
3.
Keep in mind that all items offered are not new and can therefore show signs of use and wear that are in accordance with their age. On request we can provide further information about the condition of the objects offered. Without requesting further information by the customer, the customer agrees to the condition of the item.
Article 3 The price
1.
Prices of our products are subject to change.
2.
In the event of clear errors, resulting in a “cheap” price, Apollo Art & Antiques may cancel the agreement without delay.
3.
All our prices are in Euros (€) and include the applicable VAT.
4. Shipping costs are charged to the customer.
5. When shipping products outside the EU, the applicable customs duties, import duties and formalities are the sole responsibility of the customer. The customer will in this case verify that the goods may be imported into the country of destination according to the customs rules of that country.
Article 4 The agreement
1.
The agreement is concluded at the time the customer accepts the offer and meets the corresponding conditions.
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 of orders
1.
The place of delivery is the address that the customer has made known to Apollo Art & Antiques.
2.
When delivering products to the customer, Apollo Art & Antiques will charge the 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 the delivery is delayed, or if an order cannot or only partially be executed, the customer will be notified of this no later than 7 days after he has placed the order.
Article 6 Transport damage
1.
A received shipment may be damaged. If you find such an error, report it to the courier of the shipping company and have an official note that the shipment has been received with damage. Do not accept the shipment without the mention “damage”.
2.
If you discover the error only after the courier’s departure, report it to Apollo Art & Antiques (info@apolloartantiques.nl) by e-mail or telephone, as soon as possible but within a maximum of 72 hours after receiving the shipment. Also make your complaint known to the shipping company within 72 hours of receiving the shipment.
3.
The customer must fully cooperate with Apollo Art & Antiques and the shipping company in order to be able to file a claim to the transport insurance. This should at least be understood to include promptly answering questions and providing further information, such as photos of the damaged packaging and product.
4.
Apollo Art & Antiques will endeavor to find a solution for the error that is suitable for the customer and for itself.
5.
If the customer does not provide the necessary cooperation, the risk for the damage and additional costs of return is for the customer.
6.
After a successful claim has been made to the transport insurance policy taken out by Apollo Art & Antiques upon shipment, Apollo Art & Antiques will compensate the customer for the damage up to a maximum of the amount paid out by the transport insurance.
Article 7 Lost shipment
1.
If a shipment is lost by the transport company, inform us as soon as possible by email (info@apolloartantiques.nl). We will then have the shipping company conduct an investigation to trace the shipment.
Article 8 Returns
1.
We only accept returns when we have delivered the wrong article or when the delivered product differs considerably from the description.
2.
All our products are used products and can therefore show signs of use and wear that are in accordance with their age. We describe the products on our website as well as possible and on request we can provide further information about the condition of offered objects. Without requesting further information by the customer, the customer agrees to the condition of the item. Signs of use and wear in accordance with the age of a product do not constitute a reason for return shipment and cancellation of the purchase agreement. Because our products are antique, we can of course not give any guarantees on the materials used, the construction or the functioning of the products.
Article 9 Right Of Withdrawal (Only For Private Customers Residing In The EU)
1.
This article only applies to distance selling when the retail customer is a resident of the EU and the delivery takes place within the EU. It does not apply when the customer picks up the purchase in the store. It also does not apply when the customer is a business.. This article does not apply to goods that have been specially ordered, restored or modified for the customer.
2.
Customer has the right to withdraw from the contract 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, who is not the carrier, takes physical possession of the goods.
3.
To exercise the right of withdrawal, the customer must inform us by e-mail, addressed to info@apolloartantiques.nl, of the decision to revoke the agreement.
4.
In the period until a possible revocation of the agreement, the customer will handle the product and the packaging with care. You will only unpack or use the product to the extent necessary to assess whether you wish to keep the product. If you exercise your right of withdrawal, you will return the product with all accessories supplied and – if reasonably possible – in the original condition and packaging to Apollo Art & Antiques, in accordance with the reasonable and clear instructions provided by Apollo Art & Antiques.
5.
The customer is liable for the depreciation of the goods resulting from the use of the goods, which goes beyond what is necessary to determine the nature, characteristics and operation of the goods.
6.
The customer must return the goods to us immediately, but in any case no later than 14 days after the day on which you informed us of the decision to cancel the agreement.
7.
The goods must be returned well packaged and insured. The customer is liable for all possible damage that occurs during or as a result of the return of the goods.
8.
The direct costs of returning the goods will be borne by the customer.
9.
As soon as we have received the goods, we will inspect them. If we thereby establish damage to the goods, we will deduct this from the amount that may be reimbursed to you.
10.
If you revoke the agreement, you will receive all payments that you have made to us up to that point, excluding delivery costs, reduced by a possible depreciation as a result of established damage, returned immediately and in any case no later than 14 days after we have received the goods.
Article 10 Conformity and liability
1.
The products delivered by Apollo Art & Antiques comply with the agreement.
2.
Apollo Art & Antiques is only liable vis-à-vis the customer for damage that is the direct result of an attributable failure to comply with this agreement (direct damage) up to a maximum that is equal to the selling price of the product unless there is no of Apollo Art & Antiques is intentional or deliberate recklessness.
3.
Apollo Art & Antiques is not liable for indirect damage to the customer.
Article 11 Ownership and risk
1.
The products delivered to the customer remain the property of Apollo Art & Antiques as long as the contract has not been fully executed. On the other hand, the risk passes to the customer as soon as he or a third party designated by the customer, who is not the carrier, acquires physical possession of the goods.
Article 12 Payment
1.
Unless otherwise agreed, the amounts owed by the customer must be paid unconditionally before the delivery of a product.
2.
Apollo Art & Antiques is entitled to demand a deposit from the customer. In that case, the agreement is entered into under the suspensive condition of receiving this deposit. In that case, the customer cannot assert any rights regarding the execution of the relevant order or service (s) before the stipulated deposit has been made.
3.
The customer is obliged to immediately report any inaccuracies in payment data provided or stated to Apollo Art & Antiques.
4.
In the event of default by the client, Apollo Art & Antiques has the right, subject to legal restrictions, to charge the client reasonable costs that have been made known to the client 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 will replace the invalid or non-binding part by clauses that are valid and binding and of which the legal consequences, given the content and scope of this agreement, correspond as much as possible with those of the invalid or non-binding part.
2.
The customer is not authorized to transfer rights and obligations from this agreement.
3.
If the customer does not comply with the obligations in article 3, paragraph 5, and therefore the shipment cannot be delivered to the customer, the customer is liable for all resulting costs, including the costs of return shipment to Apollo Art & Antiques.
Article 14 Complaints, disputes and applicable law
1.
Complaints about the implementation of the agreement must be submitted promptly, fully and clearly described to Apollo Art & Antiques, after the customer has found the defects.
2.
In consultation with the client, Apollo Art & Antiques will propose a suitable solution for the complaint, such as offering the option 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 exclusively governed by Dutch law. All disputes arising in connection with this agreement will be settled exclusively by the court “Rechtbank Midden Nederland”.
Article 15 Definitions
1.
Customer: the person who enters into an agreement with Apollo Art & Antiques;
2.
Day: calendar day.
These Terms and Conditions have been translated from Dutch to English. We inform you that only the original Dutch version is legally binding.