General Terms and Conditions for sales via Masters of Realism

1. Definitions

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

· Platform: the website www.mastersofrealism.com.

· Operator: De Kunst Collega’s B.V., located in the Netherlands.

· Master of Realism / Artist: the professional artist who offers artworks for sale via the Platform.

· Buyer: the natural or legal person who purchases an artwork via the Platform.

· Artwork: a unique art object or one produced in a limited edition that is offered for sale by an Artist via the Platform.

· Agreement: the purchase agreement that is concluded between the Buyer and the Artist via the Platform.

2. Applicability

1. These General Terms and Conditions apply to any use of the Platform and to all Agreements concluded via the Platform.

2. By using the Platform or purchasing an Artwork, the user accepts these General Terms and Conditions.

3. Deviations from these terms and conditions are only valid if they have been confirmed in writing by the Operator.

3. Role of the Platform

1.      The Platform functions as an intermediary online sales platform.

2. The purchase agreement is concluded directly between the Buyer and the Artist.

3.     The Operator is not the owner of the offered Artworks and is not a party to the purchase agreement, except insofar as it concerns the collection and commission.

4. Offer and information

1. The Artist is responsible for the accuracy and completeness of the information about the Artwork, including price, dimensions, materials, and images.

2. Obvious errors or mistakes in the offer do not bind either the Operator or the Artist.

3. Images should be as truthful a representation as possible, but may differ from reality.

5. Prices and payment

1. All prices are listed in euros and include VAT, unless stated otherwise.

2. Payment is made directly via the payment methods offered by the Platform, including Mollie.

3. The Operator collects the full purchase amount on behalf of the Artist.

4. The Operator retains a 20% commission (excluding VAT if applicable) on the sale price.

5. The remaining amount is paid to the Artist according to the terms agreed with the Artist.

6. Formation of the agreement

1. The agreement is formed at the moment that the Buyer has successfully completed the payment.

2. After payment, the Buyer will receive an electronic confirmation of the purchase.

7. Delivery and shipping

1. The Artist is responsible for the packaging, shipping, and delivery of the Artwork.

2. Delivery times are indicative, unless expressly agreed otherwise.

3. The risk of damage or loss passes to the Buyer at the moment of delivery, unless mandatory law provides otherwise.

8. Right of withdrawal

1.      If the Buyer is a consumer, he/she is in principle entitled to withdrawal within 14 days of receipt, unless the Artwork is exempt from the right of withdrawal (for example, custom work or unique works).

2.     Any returns take place in consultation with the Artist.

3. Costs for return shipment are for the account of the Buyer, unless agreed otherwise.

9. Liability

1. The Operator is not liable for shortcomings in the fulfillment of the agreement by the Artist.

2. The liability of the Operator is in all cases limited to the amount of the commission received by it.

3.     The Operator is not liable for indirect damage, consequential damage, or lost profit.

10. Intellectual property

1.      All intellectual property rights relating to the Artworks remain with the Artist, unless otherwise agreed in writing.

2. Purchase of an Artwork does not imply a transfer of copyright.

11. Use of the Platform

1. Users are not permitted to use the Platform for unlawful purposes.

2. The Operator reserves the right to block accounts or access in case of misuse.

12. Privacy

1. The Operator processes personal data in accordance with the applicable privacy legislation.

2. Consult the privacy statement on the Platform for further information.

13. Applicable law and disputes

1. These General Terms and Conditions and all legal relationships arising therefrom are governed by Dutch law.

2. Disputes will be exclusively submitted to the competent court in the Netherlands.

14. Amendments

1. The Operator reserves the right to amend these General Terms and Conditions.

2. Amended terms and conditions will be announced via the Platform and will come into effect at the announced time.