Terms and Conditions

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 case of withdrawal
Article 8 – Exclusion of the right of withdrawal
Article 9 – The price
Article 10 – Compliance and Warranty
Article 11 – Delivery and execution
Article 12 – Continuing performance: duration, termination and extension
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Additional or different provisions

Article 1 – Definitions

In these conditions the following terms are understood to have the following meanings:

Grace period: The period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
Day: calendar day;
Duration transaction: a distance contract relating to a series of products and / or services of which the delivery and / or purchase obligation is spread over time;
Durable data carrier: every means that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that makes future consultation and unaltered reproduction of the stored information possible.
Right of withdrawal: the option for the consumer to waive the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers from a distance;
Distance contract: an agreement whereby sole use is made of one or more techniques for distance communication within the framework of a system organised by the trader for the distance sale of products and/or services, up to and including the moment that the agreement is concluded;
Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being together in the same room at the same time.

Article 2 – Identity of the entrepreneur

Name of entrepreneur: Stg. Huis Marseille Museum voor Fotografie
Trading under the name(s): Huis Marseille
Establishment & visiting address: Keizersgracht 401 1016EK Amsterdam
Phone number: +31205318989
Availability: every day from 9:30 am to 17:00 pm
E-mail address: info@huismarseille.nl
KvK number: 34107067
BTW-identification number: NL808066857B01

Article 3 – Applicability

These general terms and conditions apply to every offer made by the trader and to every distance contract that is concluded between the trader and the consumer.
Before the remote agreement is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general conditions are available for perusal at the entrepreneur’s premises and that they will be sent to the consumer free of charge as soon as possible, at the consumer’s request.
If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer in electronic form in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, prior to the conclusion of the distance selling agreement, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent to the consumer free of charge, at his request, either electronically or in some other way.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy and, in the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favourable to him/her.

Article 4 – The offer

If an offer has a limited validity or is made under certain conditions, this will be explicitly mentioned in the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to properly assess the offer. If the entrepreneur uses images, these are a true reflection of the products and / or services offered. Obvious mistakes or obvious errors in the offer will not bind the entrepreneur.
Each offer contains 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;
1. the possible costs of delivery;
2. the way in which the agreement will be brought about and which actions are required for this;
3. whether or not the right of withdrawal is applicable;
4. the method of payment, delivery and implementation of the agreement;
5. the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
6. the size of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic tariff for the means of communication used;
7. whether the agreement is archived after its conclusion and, if so, in what way it can be consulted by the consumer;
8. the manner in which the consumer, before concluding the contract, can check the data provided by him in the context of the contract and, if desired, correct them;
9. any other languages besides Dutch in which the contract can be concluded;
10. the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
11. the minimum duration of the distance contract in the event of an extended transaction.

Article 5 – The agreement

The agreement comes into effect, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and the conditions thereby stipulated are fulfilled.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur will take appropriate safety measures.
The entrepreneur can – within legal frameworks – acquaint himself with the ability of the consumer to meet his payment obligations, as well as with all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reason not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation.
The entrepreneur will, together with the product or service, send the consumer the following information, in writing or in such a way that the consumer can store it in an accessible way on a durable data carrier:
The visiting address of the Entrepreneur’s business establishment where the Consumer may lodge complaints;
1. the conditions on which and the way in which the Consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
2. the information on guarantees and existing service after purchase;
3. the data included in article 4, paragraph 3 of these conditions, unless the trader has already provided the consumer with these prior to concluding the contract;
4. the requirements for cancelling the agreement if the agreement has a duration of more than one year or is indefinite.
In case of a duration contract, the provision in the previous paragraph only applies to the first delivery.

Article 6 – Right of withdrawal

Upon delivery of products:
1. When purchasing products, the consumer has the possibility of dissolving the contract, without giving reasons, during a period of 14 days. This cooling off period commences on the day after receipt of the product by the consumer or a previously designated by the consumer and the entrepreneur announced representative.
2. During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to judge whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, according to the entrepreneur provided reasonable and clear instructions.
In case of delivery of services:
1. When services are supplied, the consumer has the option of dissolving the agreement without giving reasons for a period of at least fourteen days starting on the day of entering into the agreement.
2. To make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur in the offer and / or at the latest on delivery.

Article 7 – Costs in case of withdrawal

If the consumer makes use of his right of withdrawal, he shall bear no more than the costs of return shipment.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.

Article 8 – Exclusion of the right of withdrawal

The trader can preclude the consumer from having a right of withdrawal as far as this is provided for in paragraph 2 and 3. The preclusion of the right of withdrawal is only valid if the trader clearly stated this fact when making the offer, or at least in good time prior to conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products
that have been created by the trader in accordance with the consumer’s specifications;
That are clearly personal in nature;
That cannot be returned due to their nature;
That spoil or age quickly;
Whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur’s control;
For individual newspapers and magazines;
For audio and video recordings and computer software of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services
1. concerning accommodation, transport, restaurant business or leisure activities (such as workshops and master classes) to be performed on a certain date or during a certain period;
2. of which the delivery has started with the explicit approval of the consumer, before the reflection period has expired;
3. concerning betting and lotteries.

Article 9 – The price

During the validity period mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the trader can offer products or services whose prices are linked to fluctuations in the financial market over which the trader has no influence, at variable prices. This link to fluctuations and the fact that any prices mentioned are recommended prices will be mentioned with the offer.
Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:
1. they are the result of statutory regulations or stipulations; or
2. the consumer is authorized to terminate the contract on the day on which the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.

Article 10 – Compliance and Warranty

The trader guarantees that the products and/or services fulfill the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory provisions and/or government regulations that existed on the date that the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer, based on the agreement, can assert against the entrepreneur.

Article 11 – Delivery and implementation

The company will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
Subject to what is stated in article 4 of these general conditions, the company will execute accepted orders expeditiously but not later than 30 days unless a longer delivery period has been agreed. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the consumer will be informed about this within 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement free of charge and the right to possible compensation.
In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 30 days after dissolution.
If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a replacement article. The fact that a replacement article is being delivered will be reported in a clear and comprehensible manner, at the latest upon delivery. The right of withdrawal cannot be excluded with replacement articles. The cost of any return shipment shall be borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer or a representative previously designated and announced to the entrepreneur, unless otherwise expressly agreed.

Article 12 – Extended duration transactions: duration, termination and extension

Termination
1. The consumer has a right at all times to terminate an open-ended contract that was concluded for the regular supply of products (including electricity) or services, subject to the agreed termination rules and a period of notice that does not exceed one month.
2. The consumer may contract for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed term denounce the applicable termination rules and a notice not exceeding one month.
3. The consumer can terminate the agreements referred to in the previous paragraphs
4. terminate them at all times and not be limited to termination at a specific time or during a specific period;
5. at least terminate them in the same manner as they were concluded by him;
6. always terminate them with the same period of notice as the entrepreneur has stipulated for himself.
Extension
1. An agreement that has been entered into for a definite period of time and that extends to the regular supply of products (including electricity) or services, may not be tacitly extended or renewed for a definite period of time.
2. In departure from the previous paragraph, a fixed-term contract that has been concluded for the regular supply of daily or weekly newspapers or magazines may be automatically prolonged for a fixed term that does not exceed three months, if the consumer has the right to terminate this prolonged contract towards the end of the prolongation, with a period of notice that does not exceed one month.
3. A fixed-term contract that has been concluded for the regular supply of products or services may only be automatically prolonged for an indefinite period of time if the consumer has at all times the right to terminate, with a period of notice that does not exceed one month and a period that does not exceed three months if the contract is to regularly supply daily or weekly newspapers or magazines, but less than once a month.
4. A contract with a limited duration for the regular supply, by way of introduction, of daily or weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and will end automatically at the end of the trial or introductory period.
Duration
1. If a contract lasts more than one year, after one year the consumer may at any time terminate with a notice of up to one month, unless the reasonableness and fairness resisting the termination before the end of the agreed term.

Article 13 – Payment

As far as no other date has been agreed, sums payable by the consumer should be paid within 14 days after the start of the reflection period, as referred to in article 6 paragraph 1. In case of an agreement for the provision of a service, this period commences after the consumer has received the confirmation of the agreement.
The consumer has the duty to inaccuracies in data supplied or specified payment immediately to the operator to report.
In case of non-payment on the part of the consumer, and subject to legal restrictions, the entrepreneur is entitled to charge the consumer for any reasonable costs made known to the consumer in advance.

Article 14 – Complaints procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the implementation of the agreement must be submitted to the entrepreneur within reasonable time, fully and clearly described, after the consumer has found the defects.
Complaints submitted to the trader will be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the period of 14 days with a message of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be solved in mutual consultation, a dispute arises that is subject to the dispute resolution procedure.

Article 15 – Disputes

On agreements between the entrepreneur and the consumer to which these general conditions relate, only Dutch law applies.

Article 16 – Additional or different provisions

Additional provisions or provisions that deviate from these general conditions, may not be to the detriment of the consumer and should be recorded in writing or in such a way that the consumer can be stored in an accessible manner on a durable data carrier.

Privacy policy

We guarantee your privacy. We use the information provided by you (such as name, address, telephone number, credit card number) only to process your order and to keep our records. The information will not be used for other purposes of a commercial or non-commercial nature, which are not directly related to Stg. Huis Marseille Museum of Photography, without your prior permission. You can at all times change and/or view your data. Should you have any questions about this, please contact us.

The shopping software may use cookies to keep track of your shopping cart during an online visit and to register your name and address for your next visit to this site. The cookies are not used to store credit card information. We are committed to providing you with a safe stay on the Internet. In this way, the possibility of theft, manipulation and other changes to the information that you leave with us is reduced to a minimum.

Any future changes to our privacy policy will be announced on this page. Information received from you prior to the time of change to our privacy policy will not be subject to the changed policy unless you have given us your consent. Your information is therefore subject to the privacy policy which is in force at the time you submit your information to us. If we announce a new policy, the new information you provide, in relation to new orders, will be governed by the policy in force at that time. If you have any questions about our privacy policy, please contact us by email.

Shipping & Returns

The shipping of parcels at home and abroad is done by the postal company Sendcloud. They are in contact with the best known international postal companies. As soon as the mail reaches your country, your order is in the hands of the national postal company of your country. All packages are sent with track and trace.

For orders within The Netherlands your order will be processed by our warehouse within 1-3 working days and delivered within 2-3 working days after shipment.

For orders within Europe, your order will be processed within 1-3 working days by our warehouse and delivered within 3-8 working days after dispatch.

Please note that the time your package spends in customs at the destination country is not included in the delivery time.

Exchanges or returns

If for any reason you are dissatisfied with some or all of the goods you have received or if you wish to exercise your right of withdrawal, you may, after making contact, return the goods to the address below for an exchange or refund. You cannot cancel an order. You must pay the costs of returning the goods yourself.

For orders, an approval period of 14 days applies from the first day after delivery of the product. Within this period you may view, judge and/or fit the article, unless stated otherwise.

Please check immediately after receiving the article if it is delivered undamaged and complete. If it is not, we kindly ask you to contact us as soon as possible to report this.

As long as the package has not yet been delivered to us, the return shipment is your responsibility. We are not responsible for lost returns.

The web shop of Huis Marseille Museum of Photography will make every reasonable effort to replace damaged or incorrect goods. If replacement is not possible, the amount you paid for the goods will be returned as quickly as possible, but at the latest within 30 days. If you do not wish to exchange your order but return it, the full purchase amount will be refunded to you via the payment method you used.

Return address

Huis Marseille Museum of Photography
Attn. webshop
Keizersgracht 401
1016 EK Amsterdam

Payment methods

Before you proceed to payment, we ask you to check your order and details carefully at all times. Huis Marseille accepts payments through iDeal, Paypal, Visa and Mastercard.

Contact

Huis Marseille, Museum of Photography
Keizersgracht 401
1016EK Amsterdam
T 020 531 89 89
E info@huismarseille.nl