General Terms and Conditions

Article 1 – Identity

Original Buddha Art B.V.
Keizershof 15 | 2353 ST | Leiderdorp
E-mail: info@originalbuddhaart.com
Telefoon: 0031 6 11083385
Chamber of Commerce (KvK): 99963949
BTW-nummer: NL869206540B01

Article 2 – Definitions

In these General Terms and Conditions, the following definitions apply:

• Original Buddha Art B.V.: the private limited liability company offering artworks under the name Original Buddha Art.
• Customer: any natural person or legal entity entering into an agreement with Original Buddha Art B.V.
• Artwork: a painting or other art object offered by Original Buddha Art B.V.
• Agreement: any separately documented written purchase agreement, rental agreement, or agreement for interest-free payment in three instalments.

Article 3 – Applicability

1. These General Terms and Conditions apply to all offers, agreements and deliveries of Original Buddha Art B.V.
2. Deviations are only valid if agreed in writing.
3. Written communication includes communication by email.
4. These General Terms and Conditions shall be made available to the Customer prior to the conclusion of the Agreement.
5. In the event of any conflict between these General Terms and Conditions and a separately concluded written Agreement, the provisions of the Agreement shall prevail.

Article 4 – Artworks

1. All artworks are unique, handmade works (1/1), unless expressly stated otherwise.
2. Images on the website are for illustrative purposes only; colours, textures and details may slightly differ from the actual artwork.
3. Minor imperfections or variations are inherent to the handcrafted nature of the artwork and do not constitute grounds for termination or compensation.

Article 5 – Copyright and Intellectual Property

1. Original Buddha Art B.V. acts in good faith based on the statements and guarantees provided by the respective artist regarding authorship and originality.
2. Original Buddha Art B.V. cannot guarantee the absence of third-party claims regarding alleged infringements of intellectual property rights.
3. In the event of a substantiated third-party claim, the liability of Original Buddha Art B.V. shall at all times be limited to the invoice amount paid by the Customer for the relevant artwork, to the extent permitted by law.

Article 6 – Prices

1. All prices are inclusive of VAT, unless stated otherwise.
2. Any delivery, transport or installation costs will be clearly communicated to the Customer before concluding the Agreement.
3. Original Buddha Art B.V. reserves the right to change prices for future Agreements.

Article 7 – Purchase and Right of Withdrawal

1. Ownership of the artwork transfers to the Customer only after full payment of the agreed purchase price.
2. The certificate of authenticity will be provided after full payment, unless otherwise agreed in writing.
3. If the Customer is a consumer, he or she has the right to withdraw from the Agreement within 30 days after receipt of the artwork, without stating reasons, in accordance with applicable law.
4. During the withdrawal period, the Customer must handle the artwork and packaging with due care. The artwork must be returned in its original condition and, where reasonably possible, in its original packaging.
5. Any reduction in value resulting from handling beyond what is necessary to establish the nature and characteristics of the artwork may be charged to the Customer.
6. For custom-made or specially commissioned artworks, no right of withdrawal applies. Such orders cannot be cancelled or returned after confirmation.
7. Return shipping costs are borne by the Customer, unless agreed otherwise.
8. The Customer may exercise the right of withdrawal by notifying Original Buddha Art B.V. by email or in writing within the withdrawal period.
9. Original Buddha Art B.V. will refund all payments received, including standard delivery costs (excluding additional costs resulting from a more expensive delivery method chosen by the Customer), within 14 days after receiving the withdrawal notice, provided that the artwork has been returned or proof of return has been supplied.

Article 8 – Conformity

1. Original Buddha Art B.V. guarantees that the delivered artwork conforms to the Agreement and the reasonable expectations the Customer may have.

Any visible defects must be reported within a reasonable time after discovery.

Statutory consumer rights remain fully applicable.

Article 9 – Rental

1. In case of rental, ownership of the artwork remains at all times with Original Buddha Art B.V.
2. The rental period and rental fee are laid down in the rental agreement.
3. The Customer is obliged to treat the artwork with due care and may not damage, alter or sell it.
4. If a security deposit is agreed, it must be paid prior to the commencement of the rental period.

Article 10 – Purchase Option During Rental

1. During the rental period, the Customer may purchase the artwork under the conditions set out in the separate rental agreement.
2. No automatic purchase credit accrues.
3. Any set-off of deposit or other amounts shall only take place if expressly agreed in writing.

Article 11 – Payment in Three Instalments (Interest-Free)

1. If the parties agree on an interest-free payment in three instalments, this shall be recorded in a separate written purchase agreement.
2. The first instalment is due upon conclusion of the Agreement.
3. The remaining instalments must be paid within the period specified in the purchase agreement.
4. The full purchase price must be paid no later than the agreed final date.
5. Ownership of the artwork remains with Original Buddha Art B.V. until full payment has been received.
6. The certificate of authenticity will be issued after full payment.
7. Original Buddha Art B.V. is entitled to suspend its obligations under the Agreement as long as the Customer fails to fulfil his or her payment obligations.
8. In case of late payment, the Customer shall be in default in accordance with the purchase agreement and the full remaining amount may become immediately due and payable, to the extent permitted by law.
9. This arrangement does not constitute hire purchase, instalment purchase under consumer credit law, or a consumer credit agreement.

Article 12 – Security Deposit

1. In case of rental, Original Buddha Art B.V. may require a security deposit.
2. The amount of the deposit shall be specified in the rental agreement.
3. The deposit serves as security for the fulfilment of obligations and is non-interest-bearing.
4. After termination of the rental agreement, the deposit shall be refunded, subject to deduction of any damages or outstanding amounts.

Article 13 – Exchange of Artworks

1. During the rental period, the artwork may be exchanged once per calendar year in accordance with the rental agreement.
2. Exchange takes place in consultation and subject to availability.
3. Any transport or installation costs may be charged to the Customer.

Article 14 – Delivery and Risk

1. Unless otherwise agreed, delivery takes place by collection in Leiderdorp, the Netherlands.
2. If payment in three instalments is agreed, delivery takes place after receipt of the first instalment.
3. For consumers, the risk of loss or damage passes at the moment of actual receipt.
4. The Customer is responsible for proper placement and use of the artwork.

Article 15 – Identification

1. To prevent fraud, Original Buddha Art B.V. may request the Customer to identify himself or herself with a valid identification document.
2. Verification is limited to confirming name, agreement and signature.
3. No copy will be stored unless legally required.

Article 16 – Liability

1. Liability is limited to the invoice amount of the relevant artwork, except in cases of intent or wilful misconduct by Original Buddha Art B.V.
2. Indirect or consequential damages are excluded, to the extent permitted by law.
3. Mandatory consumer law provisions remain unaffected.

Article 17 – Force Majeure

1. In the event of force majeure, obligations shall be suspended.
2. If force majeure continues for more than 60 days, either party may terminate the Agreement.
3. Any advance payments shall be refunded on a pro rata basis.

Article 18 – Governing Law and Disputes

1. All Agreements are governed by Dutch law.
2. Disputes shall preferably be resolved amicably.
3. If necessary, disputes shall be submitted to the competent court in the Netherlands.

Article 19 – Complaints

1. Complaints must be submitted within a reasonable time after discovery.
2. Original Buddha Art B.V. will respond within 14 days.

Article 20 – Final Provisions

1. If any provision of these Terms and Conditions is found to be invalid, the remaining provisions shall remain in full force and effect.
2. Original Buddha Art B.V. reserves the right to amend these Terms and Conditions.