GENERAL TERMS & CONDITIONS – WARBB

Version                       : 1.0
Last modified            : November 2024

 

INTRODUCTION

Please read the GT&C carefully, as it constitutes a legally binding agreement between you and WARBB.

 

These GT&C governs any purchase of Artwork(s) through the Website. By purchasing the Artwork(s) and accepting the GT&C, you agree to be bound by the terms and conditions of this GT&C.

 

PRIVACY

We believe it is important to be transparent about how we process your personal data. For more information we refer to our privacy policy which can be found at [url].

 

1. Terminology

The following definitions are used in the GT&C:

Agreement:	The agreement concluded between You and WARBB;
Artwork(s):	All works of art which are offered for sale, as well as all other items which are sold through the Website (or otherwise) by WARBB;
Certificate of Authenticity:	A certificate which verifies the authenticity of the Artwork(s);
GT&C:	These terms and conditions, including any amendments from time to time;
Order:	Your request to buy an Artwork;
Order Confirmation:	The confirmation from WARBB to You that the Artwork(s) is/are sold;
Professional Buyer:	Any buyer who is not deemed to be a consumer under applicable consumer laws;
Purchase Price:	The purchase price for Artwork(s);
You:	The individual and/or company which enters into an agreement with WARBB;
WARBB:	WARBB B.V., a company incorporated in the Netherlands (KVK: 86948261) having its address at Kerkenbos 1065 X, 6546 BB, Nijmegen;
Website:	The website which can be found at www.warbb.com or any other domain;

 

2. Applicability of the GT&C

2.1 These GT&C are applicable to any and every:

 

A. Order placed by You and Order Confirmation provided by WARBB;

B. Agreement between You and WARBB;

C. Any future Agreement between You and WARBB.

 

2.2 If any term of these GT&C are held invalid or unenforceable by a court of competent jurisdiction, that term will be deemed not to form part of this GT&C but the remainder of this GT&C shall remain in full force and effect.

 

2.3 The applicability of any other set of general terms and conditions is expressly rejected by WARBB.

 

I. PLACING AN ORDER VIA THE WEBSITE

3. Information on Artwork(s)

 

3.1 The information on the Website contains an accurate description of the offered Artwork(s). The description is detailed enough to enable You to make a proper assessment whether you would like to place an Order. Apparent mistakes or errors in the information on the Website do not bind WARBB.

 

3.2 In case an Artwork has not been produced yet, the image on the Website is merely a mock-up and/or an example of the design of the Artwork. You understand and agree that all Artwork involve customization and manual work and as such, the final Artwork may differ from the mock-up and/or example.

 

3.3 Even though WARBB will make best efforts to keep the information on the Website accurate and up to date, You acknowledge that the Website may not always reflect the current availability of the Artwork(s). You understand that some Artwork(s) may no longer be available for purchase.

 

3.4 In case the Website contains any delivery time, then these times are considered to be estimates only.

 

4. Customer Identification

4.1 Before You are able to place an Order, You are required to provide the information as indicated on the Website, including but not limited to:

 

A. Name;
B. Address;
C. E-mail;
D. Phone number
E. VAT number (in case of a Professional Buyer);
F. Company information (in case of a Professional Buyer).

 

4.2 Please note that WARBB always needs correct and complete details to process an Order placed by You.

 

4.3 The Money Laundering and Terrorist Financing Prevention Act (Wet ter voorkoming van witwassen en financiering van terrorisme) applies to the sale of Artwork(s) by WARBB to You. Consequently, WARBB reserves the right, among others, to ask additional questions pertaining to a purchase from and refuse an Order. WARBB is also legally obliged to report any unusual situation or transaction (as defined by such Act) to the Financial Intelligence Unit Netherlands without informing the entities or persons involved.

 

5. Placing an Order

5.1 Placing an Order via the Website does not yet lead to an Agreement between WARBB and You, but is merely a request from you to WARBB to buy the Artwork under the conditions as described on the Website and in these GT&C.

 

5.2 After the submission of an Order, WARBB will assess and process the Order made by You to determine whether the Order will be accepted by WARBB.

 

5.3 You understand and agree that WARBB can determine whether it will accept your request to buy the Artwork in its sole discretion. There are several reasons why WARBB will not enter into an Agreement with you after placing an order, including but not limited to:

 

A.WARBB detects an obvious error in the Purchase Price or the description of the Artwork;
B. Your payment cannot be authorized;
C. WARBB suspects fraudulent and/or unlawful activity;
D. WARBB is unable to ship the Artwork(s) to You, including but not limited to the inability as a result of applicable laws & (sanction) regulations;
E. The Artwork is unavailable, discontinued or out of stock;
F. The purchased Artwork is based on a prototype which cannot be produced according to the original specifications, price, size, or other properties of the prototype as communicated to You at the moment of the Order.

 

5.4 In case you have made a payment together with placing an Order and WARBB has determined that it will not accept your request to buy the Artwork, You will receive a full refund within 10 business days into the bank account corresponding with the account used by You to Order the Artwork.

 

5.5 You may cancel the Order that You have placed as long as You did not receive an Order Confirmation. You will receive a full refund of the Purchase Price within 30 days into the bank account corresponding with the account used by You to place the Order.

 

6. Pre-registration

6.1 WARBB may offer a pre-registration for some Artwork(s), which will be treated as an Order under these GT&C. You understand that in case you pre-register for a certain Artwork, this pre-registration does not include the right to purchase the Artwork(s).

 

6.2 WARBB will randomly select the customers who will be given the option to purchase the Artwork for which pre-registrations were opened. The selected customers will receive an Order Confirmation.

 

6.3 For some pre-registrations, a payment is required to reserve a slot. In case You have not been selected to purchase the Artwork(s), You will receive a full refund of the payment within 10 business days into the bank account corresponding with the account used by You to pre-register.

 

7. Conclusion of the Agreement

7.1 The Agreement between You and WARBB will only be concluded from the moment that You receive the Order Confirmation from WARBB.

 

7.2 Upon receipt of the Order Confirmation, You are obliged to purchase the Artwork and pay the Purchase Price in full (insofar not already paid when placing the Order).

 

7.3 The payment methods are indicated on the Website. All payments are processed by a third-party payment provider, which uses its owns terms and conditions, which WARBB does not control.

 

7.4 In the event of non-payment of the amount stipulated in the Order Confirmation, You are automatically in default by operation of law without any further demand of notice of default being required. From that moment onwards, WARBB may claim default interest including (statutory) interest on the outstanding amount. Any and all costs associated with debt collection will be borne by You, including (reasonable) legal fees.

 

II. PURCHASE PRICE & PAYMENT CONDITIONS
8. Purchase Price & Payment conditions

 

8.1 The applicable Purchase Price is confirmed by WARBB in the Order Confirmation. In case value added tax is applicable, the price is including these taxes, except in case You are a Professional Buyer. 

 

8.2 Should the Website or an external internet link to the Website mention an obvious incorrect price of an Artwork, WARBB reserves the right to offer the Artwork for the correct price.

 

8.3 All transaction fees (including the cost of shipping) will be borne by You.

 

8.4 You are not entitled to suspend the payment of the invoice or to set off a payment obligation towards WARBB against a claim against WARBB, except with prior written approval of WARBB.

 

9. Retention of ownership and title

9.1 WARBB remains the sole and legal owner of all right, title and interest pertaining the Artwork(s) until the Purchase Price has been received in full by WARBB. The fact that the Artwork(s) are already in Your possession does not change this.

 

9.2 In case the Artwork(s) is/are already in Your possession, You guarantee to take utmost care of the Artwork(s) which is/are not paid for fully.

 

10. Taxes

10.1 WARBB is allowed to increase the Purchase Price with the applicable taxes if required under applicable laws and You will be notified of such (additional) charges before the Order Confirmation.

 

10.2 You are solely responsible for paying any applicable import taxes when shipping outside the Netherlands. WARBB advises You to check the applicable import laws and regulations before placing an Order.

 

III. DELIVERY OF THE ARTWORK & CONFORMITY

11. Delivery & Shipment of the Artwork

 

11.1 The Artwork(s) will be delivered to the address mentioned in the Order Confirmation, unless indicated otherwise.

 

11.2 Once the Artwork(s) is/have been handed to the shipping service, WARBB will send You an e-mail with a notification of dispatch and the expected delivery time.

 

11.3 The delivery time will be communicated by WARBB to You. Any delivery time is purely an indication and is not considered a strict deadline.

 

11.4 In the event that the Artwork is damaged during transportation to the place of delivery due to a cause beyond WARBB’s control and not caused by WARBB’s negligence or omissions, You are allowed to return the shipment and will receive a refund, except in cases where a different solution has been agreed.

 

11.5 In the event You arrange shipment and/or pick-up the Artwork(s), such shipment and/or pick-up is for your risk and account.

 

12. Warranty of Authenticity

Upon request, ARBB will provide You with a Certificate of Authenticity signed by the artist. WARBB cannot warrant the authenticity of any Artwork(s) not bought directly from WARBB.

 

13. Conformity

13.1 WARBB always use best efforts to deliver Artwork(s) in conformity.

 

13.2 Upon delivery of the Artwork(s), You are obliged to immediately and fully inspect the delivered Artwork(s) as to whether there is any non-conformity and will notify WARBB within fourteen (14) days from the date of delivery in case the Artwork has any shortcoming which would qualify as a non-conformity.

 

13.3 The following aspects are not a case of non-conformity:

 

A. Any non-material difference in colour;
B. Any non-material difference in the materials;
C. Any non-material difference in the texture.

 

13.4 You will provide all cooperation to enable WARBB to assess whether the Artwork is non-conform, which includes, but is not limited to, providing proof or allowing WARBB to assess the Artwork.

 

13.5 In the event of non-conformity of the Artwork, WARBB will provide a repair free of charge or replace the Artwork (in case reasonably possible).

 

13.6 Non-conform Artwork(s) need to be returned in accordance with the return policy (article 15).

 

13.7 You lose your rights to receive a repair (free of charge) or replacement as mentioned in this article in case You do not comply with the applicable guidelines regarding the Artwork(s). These guidelines can be found on the FAQ of the Website and are delivered together with the Artwork (on the box).

 

IV. RIGHT OF WITHDRAWAL AND RETURN POLICY
14. Right of withdrawal

14.1 You can revoke an agreement regarding the purchase of an Artwork bought via the Website within fourteen (14) days from the date of delivery without giving reasons, except in case you are a Professional Buyer or an exception based on European consumer laws is applicable. In case You have the right of withdrawal, You can exercise this right by using the model withdrawal form attached to these GT&C. This form has to be received by WARBB before the expiration of the term.

 

14.2 During the period as mentioned in the previous paragraph, You will handle the Artwork(s) with care. You will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The basic principle here is that You may only handle and inspect the product as You would in a store.

 

15. Return policy

15.1 WARBB can only accept returns from purchases made directly from WARBB through the Website. If you purchased an Artwork or Product from an external gallery, please contact the gallery. 

 

15.2 You have to send back the Artwork(s) purchased in the box and all original packing no later than 14 days from the day on which your purchase was cancelled. All returned Artwork(s) must be adequately packed to avoid damage during transport.

 

15.3 You must be able to prove that the Artwork(s) were returned within the applicable 14 day-period.

 

15.4 You bear the direct costs of returning the Artwork(s).

 

15.5 You must be able to provide written proof of shipment of the returned Artwork(s) to WARBB via a trustworthy carrier (e.g., track and trace, freight letters) and the costs thereof. In case WARBB has not received the returned Artwork(s), You must prove the Artwork(s) was/were returned correctly and WARBB, at its sole discretion, will determine the preferred course of action in such case.

 

16. Refund of the Purchase Price

16.1 WARBB will refund the Purchase Price to the bank account corresponding with the account used to place the Order.

 

16.2 WARBB reserves the right to charge repair costs and/or the decrease in value of the Artwork(s) in case the returned Artwork(s) is/are damaged, incomplete, modified, shows signs of improper use, discoloration or other defects.

 

V: GENERAL
17. Intellectual Property Rights

The intellectual property rights regarding the Artwork remain vested in WARBB. Nothing in this Agreement leads transfers these rights to You, because only the physical copy of the Artwork is purchased (and not the underlying intellectual property rights). However, you are allowed to post pictures of the Artwork(s) on social media, provided that you credit the artist.

 

18. Liability

18.1 WARBB is only liable for damage suffered by You as a result of an attributable breach of any material provision of this Agreement, in case WARBB fails to cure the breach within a reasonable term of written notice of the breach from You. 

 

18.2 WARBB is not liable in any way for indirect and/or consequential damages, regardless of the cause (and legal basis) thereof.

 

18.3 The contractual or non-contractual liability of WARBB is in any case limited to the amount the insurer of Publisher actually pays in the specific liability case or (in case the insurer does not pay any amount despite the liability of WARBB) a maximum amount of the Purchase Price.

 

19. Force Majeure

19.1 WARBB will not be liable towards You due to the failure to fulfil its obligations (in a timely manner) in case this is the result (wholly or partially) of events outside of the control of WARBB which reasonably make the fulfilment of the obligation impossible, including:

 

A. Breakdowns of the internet, telephone, or electricity network;
B. Calamities or environmental distasters;
C. Virus outbreaks and/or pandemics;
D. Strike actions;
E. War and/or terrorism;
F. Amended legislation.

 

19.2 In case of an event as mentioned in article 19.1, WARBB will notify you as soon as reasonably possible.

 

20. Modification of this GT&C

WARBB has the right to unilaterally update and/or change the terms and conditions of this GT&C. You will be notified in advance of any updated and/or changed terms and conditions of the GT&C in advance. Your continued use of the Website after a change of the terms and conditions of this GT&C constitutes your acceptance of these terms. In case you do not want to be bound by the amended terms and conditions, you have the right to terminate this GT&C.

 

21. Notices

Any formal notice or other form of communication under or in connection with this Agreement shall be delivered to WARBB in writing addressed as follows:

WARBB B.V.

Kerkenbos 1065 X

6546BB Nijmegen

 

22. Miscellaneous

22.1 The contents of the Order Confirmation and the GT&C constitute the entire and exclusive understanding and agreement between WARBB and You regarding the purchase of the Artwork(s). 

 

22.2 You cannot assign or otherwise transfer this GT&C or any right granted or obligation imposed hereunder, except in case you have received prior written consent of WARBB for the assignment or transfer. WARBB may freely assign or transfer this GT&C without restriction, providing that the transfer does not serve to reduce the guarantees benefitting you under this GT&C.

 

22.3 This GT&C shall be governed by and construed under the laws of the Netherlands.

 

22.4 Any and all disputes arising from or in connection with this GT&C shall be subjected to the exclusive jurisdiction of the court of Nijmegen, The Netherlands.

 

If you have any questions about this GT&C, please contact WARBB at info@warbb.com.

MODEL WITHDRAWAL FORM
(please fill in this form and return it only if you wish to withdraw from the contract)

 

WARBB B.V.
Kerkenbos 1065 X
6546BB Nijmegen
info@warbb.com       

 

 

- I/We* hereby inform you that I/We* have cancelled our agreement on the sale of the following Artwork(s): [product designation]*

 

- Ordered on*/received on* [date of order for services or receipt for products]

 

- [Name of consumer(s)]

 

- [Address of consumer(s)]

 

- [Signature of consumer(s)] (only if this form is submitted on paper)

 

- [Date]

 

 

* Delete what is not applicable or fill in what is applicable.