General Terms and Conditions

We are not yet associated with the Nederlandse Thuiswinkel Organisatie, but we have adopted their General Terms and Conditions. We will soon be applying for membership.

If you make a purchase from our webshop, you automatically agree with the following General Terms and Conditions.

Contents

Article 1 – Definitions
Article 2 – Identity of the Entrepreneur
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Costs in the event of withdrawal
Article 8 – Exclusion of the right of withdrawal
Article 9 – The price
Article 10 – Compliance and guarantee
Article 11 – Delivery and execution
Article 12 – Continuing performance agreements: duration, termination and renewal
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Additional provisions or derogations

 

Article 1 – Definitions

In these Conditions, the following terms shall have the following meanings:

  1. Reflection period: the period during which the Consumer may use his right of withdrawal;
  2. Consumer: the natural person who does not act for purposes related to their commercial, trade, craft or professional activities and who enters a distance agreement with the Entrepreneur;
  3. Day: calender day;
  4. Continuing performance contract: a distance agreement serving to deliver goods and/or services, whereby the delivery and/or collection obligations are spread across time;
  5. Sustainable data carrier: any means that allow the Consumer or the Entrepreneur to store information directed to them personally in such a manner that makes future consultation and use possible during a period that matches the purpose for which the information is destined and which makes unaltered reproduction of the stored information possible.
  6. Right of withdrawal: the Consumer’s option not to proceed with the distance agreement within the cooling-off period;
  7. Entrepreneur: the natural or legal person who provides products and/or services to Consumers at a distance;
  8. Distance contract: a contract concluded by the Entrepreneur and the Consumer within the framework of a system organised by the Entrepreneur for the distance selling of products and/or services, whereby exclusive or additional use is made of one or more technologies of distance communication up to the conclusion of the contract;
  9. Technology for distance communication: a means to be used for concluding an agreement without requiring the Consumer and the Entrepreneur to be together in the same place at the same time.

 

Article 2 – Identity of the Entrepreneur

Name: Stichting Huis Marseille, Museum voor Fotografie
Operating under the name: Huis Marseille
Business and visiting address: Keizersgracht 401, 1016EK Amsterdam
Telephone number: +31-(0)20-5318989
Opening hours: Monday – Friday from 9:30am till 5pm
Email address: info@huismarseille.nl
Chamber of Commerce number: 34107067
VAT identification number: NL808066857B01

 

Article 3 – Applicability

  1. These General Terms and Conditions apply to any offer from the Entrepreneur and to any distance contract concluded by the Entrepreneur and the Consumer.
  2. Before concluding a distance contract, the Entrepreneur shall make the text of these General Terms and Conditions available to the Consumer. If this is reasonably impossible, the Entrepreneur shall indicate in what way the General Terms and conditions can be inspected and that they will be sent free of charge if so requested, before the distant contract is concluded.
  3. If the distance contract is concluded electronically, then the text of these General Terms and Conditions, in departure from the previous section and before the distance contract is concluded, may also be supplied to the Consumer electronically in such a way that the Consumer can easily store it on a long-term data carrier. If this is reasonably impossible, it will be specified where the General Terms and Conditions can be viewed electronically and that these will be sent to at the Consumer’s request free of charge, either via electronic means or otherwise, before concluding the distance contract.
  4. In the event that specific product or service conditions apply in addition to these General Terms and Conditions, the second and third sections shall apply accordingly, and in the event of contradictory terms and conditions, the Consumer may always appeal to the applicable provision that is most favourable to themselves.

 

Article 4 – The offer

  1. If an offer is of limited duration or if certain conditions apply, this shall be explicitly stated in the offer.
  2. The offer contains a full and accurate description of the products and/or services being offered. The description is detailed enough to enable the Consumer to assess the products and/or services adequately. If the Entrepreneur makes use of pictures, these are truthful images of the products and/or services provided. Obvious errors or mistakes in the offer are not binding to the Entrepreneur.
  3. All offers contain such information that it is clear to the Consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
  • the price, including taxes;
  • any delivery costs;
  • the manner in which the contract will be agreed, and which actions are required to bring this about;
  • the applicability, or otherwise, of the right of withdrawal;
  • the manner of payment, the delivery, and the execution of the contract;
  • the period of acceptance of the offer, or the period within which the Entrepreneur guarantees the price;
  • the cost rate for distance communications if the cost of the use of the technology for distance communications is calculated on grounds other than those of the ordinary basic rate for the means of communication employed;
  • whether the agreed contract will be archived, and if so, how this archive can be consulted by the Consumer;
  • how the Consumer, in agreeing a contract, can check the details they have provided for this contract and if necessary, correct them;
  • any other languages besides English in which the agreement can be drawn up;
  • any codes of conduct with which the Entrepreneur has explicitly agreed to comply, and how the Consumer can consult these codes by electronic means; and
  • the minimum duration of the distance agreement in the event of a continuing performance contract.

 

Article 5 – The contract

  1. Subject to the provisions in section 4, the contract becomes valid when the Consumer has accepted the offer and fulfilled the terms and conditions set.
  2. If the Consumer accepted the offer via electronic means, the Entrepreneur shall promptly confirm receipt of having accepted the offer via electronic means. As long as the receipt of said acceptance has not been confirmed by the Entrepreneur, the Consumer may repudiate the contract.
  3. If the contract is concluded electronically, the Entrepreneur will take appropriate technical and organisational security measures for the electronic data transfer and ensure a safe web environment. If the Consumer can pay electronically, the Entrepreneur shall observe appropriate security measures.
  4. The Entrepreneur may, within the limits of the law, gather information about a given Consumer’s ability to fulfil their payment obligations, and all facts and factors relevant to responsibly concluding the distance contract. If, acting on the results of this investigation, the Entrepreneur has sound reasons for not concluding the contract, he is lawfully entitled to refuse an order or request supported by reasons, or to attach special terms to its implementation.
  5. The Entrepreneur shall send the following information along with the product or service, in writing or in such a way that the Consumer can store it in an accessible manner on a long-term data carrier:(a) the visiting address of the Entrepreneur’s business establishment where the Consumer may get into contact with any complaints;(b) the conditions on which and the manner in which the Consumer may exercise the right of withdrawal, or, as the case may be, clear information about his being exempted from the right of withdrawal;

    (c) the information corresponding to existing after-sales services and guarantees;

    (d) the details given in Article 4, part 3 of these Terms and Condition, unless the Entrepreneur has already provided these details to the Consumer in advance of the execution of the contract;

    (e) the requirements for cancelling the contract if the contract has a duration of more than one year or for an indefinite period of time.

  6. In case of a continuing performance contract, the stipulation in the previous section only applies to the first delivery.

 

Article 6 – Right of withdrawal

With regard to the delivery of products:

  1. The Consumer can repudiate a purchase contract for a product without giving reasons for a period of reflection of at least 14 days. This reflection period starts on the day after receipt of the product by the Consumer or by a third party previously appointed by the Consumer and made known to the Entrepreneur.
  2. During this period, the Consumer shall handle the product and the packaging with care. The Consumer shall only unpack or use the product to the extent necessary for establishing whether they wish to keep the product. If the Consumer decides to make use of their right of withdrawal, they shall return the product with all delivered accessories and if reasonably possible in the original state and packing, and in conformity with reasonable and clear instructions given by the Entrepreneur.

With regard to the delivery of services:

  1. The Consumer can repudiate a purchase contract for a service without giving reasons for a period of reflection of at least 14 days, starting on the day on which the service begins.
  2. In order to make use of their right of withdrawal, the Consumer must observe the reasonable and clear instructions provided by the Entrepreneur during the offer and/or no later than the delivery of the service.

 

Article 7 – Costs in the event of withdrawal

  1. If the Consumer makes use of their right of withdrawal, they shall bear no more than the cost of returning the product.
  2. If the Consumer has already paid an amount, then the Entrepreneur will repay this amount as quickly as possible, and in any event no later than 30 days after the product return or withdrawal.

 

Article 8 – Exclusion of the right of withdrawal

  1. The Entrepreneur can exclude the Consumer’s right of withdrawal to the extent that these are provided for in sections 2 and 3 only if the Entrepreneur notified this clearly when making the offer or at any rate in good time before concluding the agreement.
  2. Exclusion of the right of withdrawal is possible only for the following products:(a) those produced by the Entrepreneur in accordance with the Consumer’s specifications;

(b) those which are clearly personal in nature;

(c) those whose nature makes it impossible to return them;

(d) those which can quickly spoil or age;

(e) those whose real value depends on fluctuations in the market which the Entrepreneur cannot affect;

(f) individual newspapers, periodicals or magazines;

(g) sealed audio and video recordings and computer programs whose the seals were broken after delivery.

  1. Exclusion of the right of withdrawal is possible only for the following services:

(a) those concerning accommodation, transport, catering or leisure activities (such as workshops and master classes) planned for a given date or during a given period;

(b) those whose delivery has begun, with the Consumer’s explicit permission, before the reflection period has ended;

(c) those concerning competitions and lotteries.

 

Article 9 – The price

  1. The prices of the products and/or services provided shall not be raised during the validity period given in the offer, except for changes in price due to changes in VAT rates.
  2. Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur’s control at variable prices. The offer will state the possibility of being subject to fluctuations and the fact that any indicated prices are guidelines.
  3. Price increases within 3 months after concluding the contract are permitted only if they are the result of new legislation or regulations.
  4. Price increases from 3 months after concluding the contract are permitted only if the Entrepreneur has stipulated it and:(a) they are the result of legal regulations or stipulations, or

(b) the Consumer has the authority to cancel the contract before the day on which the price increase starts.

  1. All prices indicated in the provision of products or services are including VAT.

 

Article 10 – Compliance and guarantee

  1. The Entrepreneur guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the day the contract was concluded. If agreed, the Entrepreneur also guarantees that the product is suitable for other than normal use.
  2. An extra guarantee offered by the Entrepreneur, his Supplier, Manufacturer or Importer shall never affect the rights and claims the Consumer may exercise against the Entrepreneur on the basis of the contract between them.

 

Article 11 – Delivery and execution

  1. The Entrepreneur shall exercise the best possible care when booking orders and executing product orders and when assessing requests for the provision of services.
  2. The place of delivery is at the address given by the Consumer to the Entrepreneur.
  3. With due observance of the stipulations in Article 4 of these General Terms and Conditions, the Entrepreneur shall execute accepted orders with all convenient speed and at any rate within 30 days, unless a longer delivery period was agreed on. If the delivery is delayed, or if an order cannot be filled or can be filled only partially, the Consumer shall be informed about this within 30 days after ordering. In such cases, the Consumer is entitled to repudiate the contract free of charge and with the right to possible compensation.
  4. After repudiation in conformity with the preceding paragraph, the Entrepreneur shall return the payment made by the Consumer promptly and at any rate within 30 days of this repudiation.
  5. Should it prove impossible for the Entrepreneur to deliver an ordered Article, the Entrepreneur will attempt to make a replacement Article available. No later than during the delivery of a replacement Article, the Entrepreneur will inform the Consumer, in a clear and understandable way, that a replacement Article is being delivered. The right of withdrawal cannot be excluded for a replacement Article. The costs of any replacement Article returns will be borne by the Entrepreneur.
  6. The risk of loss and/or damage to products will be borne by the Entrepreneur until the time of delivery to the Consumer or a representative appointed in advance and made known to the Consumer, unless explicitly agreed otherwise.

 

Article 12 – Continuing performance agreements: duration, termination and renewal

Termination

  1. The Consumer may at all times terminate a contract that was concluded for an indefinite time and which extends to the regular delivery of products (including electricity) or services, with due observance of the termination rules and subject to not more than one month’s notice.
  2. The Consumer may at all times terminate a contract that was concluded for a specific time and which extends to the regular delivery of products (including electricity) or services at the end of the specific period, with due observance of the termination rules and a subject to not more than one month’s notice.
  3. The Consumer can cancel the agreements mentioned in the preceding paragraphs:

– at any time and not be limited to termination at a particular time or in a given period;

– at least in the same way as they were concluded by him;

– at all times with the same notice as the Entrepreneur stipulated for himself.

Extension

  1. An agreement concluded for a definite period which extends to the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed period.
  2. Notwithstanding the preceding paragraph, a contract for a definite period which extends to the regular delivery of dailies, newspapers, weekly newspapers and magazines, may tacitly be renewed for specific period of three months at the most if the Consumer can terminate this extended agreement towards the end of the extension with a notice of one month at the most.
  3. An agreement concluded for a definite period and which extends to the regular delivery of products or services may only be extended tacitly for an indefinite period if the Consumer can cancel it at any time with a notice of one month. The notice is three months at the most in vase the contract is about a delivery of dailies, newspapers and weeklies and magazines occurring regularly but less than once a month.
  4. An agreement with limited duration of regular delivery of trial dailies, newspapers, weeklies and magazines (trial or introductory subscription) is not renewed tacitly and ends automatically after the trial or introductory period.

Duration

  1. If the duration of a contract is more than one year, the Consumer may terminate the contract at any time after one year with a notice of not more than one month, unless reasonableness and fairness resist the termination before the end of the agreed term.

 

Article 13 – Payment

  1. Unless otherwise stipulated, the amounts to be paid by the Consumer must be settled within 14 days after the period of reflection as described in Article 6 para 1. In the event of an agreement to provide a service, this period starts on the day that the Consumer received confirmation of the agreement.
  2. The Consumer has the duty to inform the Entrepreneur promptly of possible inaccuracies in the payment details that were given or specified.
  3. In case the Consumer has not complied with his payment obligation(s) in time, the Entrepreneur is entitled to charge the Consumer with any reasonable costs provided these are made known to the Consumer in advance.

Article 14 – Complaints procedure

  1. The Entrepreneur shall have a sufficiently notified complaints procedure in place, and shall handle a complaint in accordance with this complaints procedure.
  2. Complaints about the performance of the contract shall be submitted fully and clearly described to the Entrepreneur within a reasonable time after the Consumer discovered the defects.
  3. Complaints submitted to the Entrepreneur shall be replied to within a period of 14 days after the date of receipt. Should a complaint require a foreseeable longer time for handling, the Entrepreneur shall respond within 14 days with a notice of receipt and an indication when the Consumer can expect a more detailed reply.
  4. If the complaint cannot be solved in joint consultation, there will be a dispute that is open to the dispute settlement rules.

 

Article 15 – Disputes

  1. Contracts between the Entrepreneur and the Consumer to which these General Terms and Conditions apply, are exclusively governed by Dutch law.

 

Article 16 – Additional provisions or derogations

Additional provisions of and/or derogations from these General Terms and Conditions should not be to the Consumer’s detriment and must be put in writing or recorded in such a way that the Consumer can store them in an accessible manner on a long-term data carrier.

Privacy policy

We guarantee your privacy. We will use the information you provide (such as your name, address, telephone number, and credit card number) solely to process your order and to maintain our own administration. The information will not be used for any other purpose, either commercial or non-commercial, that is not directly related to Stichting Huis Marseille Museum voor Fotografie, without first asking for your explicit permission. You may always consult your own details and change them if desired. If you have any questions about this, please feel free to ask us.

The online shopping software may make use of cookies in order to manage your ‘shopping basket’ during an online visit and to register your name and address for a subsequent visit to this website. The cookies are not used to store credit card details. We are dedicated to providing a safe internet environment, and therefore to reducing the possibility of theft, manipulation and any other changes to the information you entrust to us, to a minimum.

All future changes to our privacy policy will be announced on this page. A changed policy does not apply to information that you gave to us before that policy was changed, unless you give us your explicit permission. Your information therefore always falls under the privacy policy that was in force at the moment you gave us your information. If we announce a new policy, then any new information you give us in connection with new orders will fall under the policy in force at that moment.
If you have any questions about our privacy policy, please contact us by email.

Deliveries & returns

Our package deliveries in the Netherlands and abroad are looked after by the package delivery company Sendcloud, which works hand in hand with renowned international postal companies. As soon as the order has reached your country, it is entrusted to the national postal company of your country. All packages include Track & Trace functionality.

For orders placed in the Netherlands, your order is administered by our storeroom within 1-3 working days and, once sent, will be delivered within 2 working days.

For orders placed from elsewhere in Europe, your order is administered by our storeroom within 1-3 working days and, once sent, will be delivered within 3 to 8 working days.

For orders placed from all other countries, your order is administered by our storeroom within 1-3 working days and, once sent, will be delivered within 5 to 12 working days.

Note: any time spent by your package in the care of the customs authority of the country of destination is not included in these delivery times.

Exchanges and returns

If for any reason you are dissatisfied with any or all of the goods delivered, or if you wish to make use of our right of withdrawal, then once you have contacted us about this you can send the goods back to the address below to have them exchanged or to have your purchase price refunded. An order, once made, cannot be annulled. You are responsible for the postal costs entailed by sending an order back.

Orders are subject to a period of reflection of 14 days, starting on the day immediately following the day of delivery of the product. Within this 14-day period you may examine the Article, assess it, and/or try it on, unless otherwise stipulated.

Please check, immediately after delivery of the Article, whether it has been delivered undamaged and complete. If this is not the case, we would ask you to get in touch with us as promptly as possible to report this.

A returned package is your responsibility until it has been delivered to us. We cannot be held responsible for lost returns.

Within reasonable limits, the Huis Marseille Museum voor Fotografie webshop will do everything in its power to replace damaged or mistaken goods. If such replacement is impossible, the purchase price you paid for the goods will be returned to you as promptly as possible and at any rate within 30 days. If you do not wish to exchange your order, but to return it, then the full purchase price will be returned to you through the same payment channel you employed for the order.

Return address
Huis Marseille Museum voor Fotografie
attn. webshop
Keizersgracht 401
1016 EK Amsterdam
the Netherlands

Payment methods

Before you make the final payment, we ask that you carefully check all your order and delivery details. Huis Marseille accepts payment through iDeal, Visa, Mastercard and bank transfer.

Contact

Huis Marseille, Museum voor Fotografie
Keizersgracht 401
1016EK Amsterdam
the Netherlands

Tel +31(0)20-5318989
Email info@huismarseille.nl