1.Purpose

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The December Art Group is the trade name of Harvey Pedersen BV.

The purpose of the present General Conditions of Sale is to define the rights and obligations of the parties in the context of the online sale of goods offered by the company Harvey Pedersen BV to the consumer. These conditions, from the order to the delivery, are applicable to all purchases made on the website: www.decemberart.com.

 

2.Order

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All prices are expressed in Euro, all taxes included. 

The customer declares that he/she has read, understood and accepted the present General Terms and Conditions of Sale by ticking the box "I accept the general terms and conditions of sale", before proceeding with the secure payment.

The final validation of the order by the customer will be considered as proof of the order and payment of the sums for the products selected in the order. This validation is worth signature and acceptance of all the operations carried out on the site www.decemberart.com.

 

3.Guarantees

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Harvey Pedersen BV guarantees the authenticity and traceability of the works sold.

All the artists present on the platform have been selected and certify that they only sell works of which they are the authors. Whatever the medium, the work is delivered to the customer, accompanied by a certificate of authenticity. The photographs are numbered and signed.

 

4.Secure payment

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The buyer pays by credit card via the secure site.

  A refusal of authorisation by the banking centre shall result in the cancellation of the order by right and without compensation. If an incident occurs during the registration of the order, the order is null and void and the customer must repeat the ordering procedure. The order is taken into account upon payment, which is irrevocable, cash, net and without discount.

 

Harvey Pedersen BV reserves the right to suspend the processing of orders and deliveries in case of refusal of credit card payments by the officially accredited credit card companies or in case of non-payment. Harvey Pedersen BV also reserves the right to refuse to deliver or to honour an order from a customer who has not paid a previous order in full or in part or with whom a payment dispute is pending.

 

5.Deliveries

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This work is shipped directly from the seller Harvey Pedersen BV.

All works are shipped carefully protected and insured, with a premium carrier.

A tracking number will be provided to the buyer so that he can follow the parcel in real time.

Most parcels are delivered worldwide within 1 to 3 weeks (Estimation depending on destination).

The delivery time for all shipments is calculated from the day Harvey Pedersen BV sends the order and does not include Saturdays, Sundays and public holidays. Harvey Pedersen BV is not responsible for delivery times that are too long due to the means of transport. No refund of the delivery costs will be made in case of a longer delivery time than the estimated one.

 

6.Customs fees

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Deliveries within the European Union.

These deliveries are free of customs duties.

Deliveries outside the European Union.

These deliveries are subject to customs charges.  

Harvey Pedersen BV has no control over these costs and the buyer will have to pay the import tax upon delivery. These costs are to be paid directly to the carrier who will contact the buyer.

Deliveries to the UK

 

Since 1 January 2021 and the entry into force of the Brexit, customs formalities have been reinstated at the UK border. The buyer who is resident in the United Kingdom will have to pay the customs fees and local VAT.

Customs fees

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The buyer wishing to know the amount of customs charges before placing an order is invited to contact the customs agents in his country of residence who will indicate the applicable rate. To this tax must be added the handling fee, the amount of which varies from 15€ to 50€ depending on the carrier. 

 

7.Reservation of ownership.

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Harvey Pedersen BV remains the owner of the delivered products until full payment of the price by the customer.

 

8.Receipt of the order

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The buyer must check the good condition of the goods as soon as they are delivered by the carrier. If the buyer notices that the parcel and/or its contents have been damaged in any way whatsoever, (pierced parcel, opened, missing, damaged or broken product), he/she must refuse the parcel and note his/her reservations on the delivery slip.

Within 48 hours of delivery, the buyer must send a written and detailed complaint to the carrier by registered mail with acknowledgement of receipt.

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The buyer is obliged to inform Harvey Pedersen BV of any reservations regarding the content of the delivery on the day of receipt or at the latest on the first working day after receipt, at the following address: contact@decemberart.com 

 

9.Withdrawal, exchange and refund

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The buyer, a non-professional person, has 14 days to return the product to Harvey Pedersen for an exchange or a refund without penalty. This period starts from the day of delivery of the order.

Where the above withdrawal period expires on a Saturday, Sunday or public holiday, it shall be extended to the next working day. 

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The items concerned must be returned in their original packaging, undamaged, undirty and without trace of use. 

The exchange or refund will be made upon receipt of the products provided they are intact.

Exceptions:

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1-For orders delivered within the European Union the return shipping costs will be paid by Harvey Pedersen BV and will be refunded to the buyer.

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2-For orders delivered outside the European Union, the return costs are the exclusive responsibility of the buyer.

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3. Orders for custom-made works cannot be cancelled, are not subject to the withdrawal period and cannot be returned.

 

10.Rights in the work and ownership

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The rights acquired by the customer by purchasing the work are limited to a right of private use.

The artist who created a work always retains the copyright on his or her creation. 

The author and Harvey Pedersen BV have agreed to be joint owners of the rights of representation and reproduction. 

Any reproduction of a work without the author's consent is strictly prohibited and punishable by law. 

All content of the website www.decemberart. com, (photos, texts, ...), remains the property of Harvey Pedersen BV.

 

11.Product specifications and liability

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It is clearly stated that the products and objects sold on the website www.decemberart.com, are intended for decoration as works of art made by artists. The buyer is therefore fully aware of the risks and Harvey Pedersen BV cannot be held responsible for any use of its products outside the purely decorative framework. 

Harvey Pedersen BV cannot be held responsible for any damage resulting from the use of the internet such as disruption of service, intrusions, viruses, loss of data or any other inconvenience beyond its control.

 

12.Privacy

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The client has the right to access and rectify information concerning him/her at any time. In order to exercise this right, he/she simply needs to send an e-mail to contact@decemberart. com. 

The confidential information related to the account of the customer will not be disclosed by Harvey Pedersen BV.

 

13.Duration of these GTC

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The present conditions are ap

plicable during the whole period of the online services offered by Harvey Pedersen BV. They can be modified at any time by Harvey Pedersen BV. The applicable conditions are those that are valid at the date of the order.

 

14.Territoriality and applicable law

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The sales of works and products of Harvey Pedersen BV are subject to Dutch law. 

The parties undertake to give priority to the resolution of their disputes through amicable negotiations. No dispute may be submitted to a court of law before the Parties have justified having exercised this option beforehand.

Any dispute arising from the formation, interpretation or performance of the Agreement shall be subject to the jurisdiction of the Courts of Amsterdam.

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It is specified that the services offered by Harvey Pedersen BV are open to persons who have the legal capacity to contract according to the applicable law. In particular, minors are not allowed to have access to our online sales services. 

If any provision of this Agreement is held to be invalid by a court of competent jurisdiction, such invalidity shall not affect the remaining provisions which shall remain in full force and effect. 

Failure to exercise a right granted hereunder shall not constitute a waiver thereof.