General Terms



PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.


1. General

1.These general terms of sale apply to all our offers and to all agreements with third parties.
2. Confidentiality promises: Lostt Art ensures confidential handling of all customer data received.
3. Transaction security: All transactions used with Credit Card and Internet Banking are made at payment pages that are secure through the use of encryption with SSl. Credit Card holders are asked for their CVV (Credit Card Verification Code) to prevent fraud.
4. Relation Cardholder Narrative: Transactions with Credit Card will appear on your credit card statement as Lostt Art
5. Copy of the transaction data: Lostt Art asks the cardholder explicitly to retain a copy of the transaction at an easily accessible place.

2. Offers

1. Our offers are without obligation.
2. A transaction via the internet will only exist after acceptation of the order by Lostt Art. Lostt Art is allowed to reject order or to set certain conditions to a delivery, unless stated otherwise. If the order placed through the internet, did not reach Lostt Art due to technical reasons, no transaction exists.

3. Prices

1. The prices we quote, unless mentioned otherwise, are inclusive of purchase tax and exclusive shipment and transport costs, if the order is less than GBP 100.
2. The prices agreed upon are based on cost factors as they exist at the time the agreement is made. We reserve the right to charge our client a proportional rise in price, in case our suppliers raise theirs, and with other changes in price fixing factors.

4. Forwarding (Shipping)

1. Forwarding is always, also with free delivery, at the buyers risk.
2. We have the choice of way of forwarding and packing.

5. Delivery

1. The given dates of delivery are to be seen as target dates.
2. If delivery of the goods does not take place at the time that was agreed upon, we have a right to a thirty-day period for late delivery. This period starts from the date we receive the buyers summons by registered post.
3. If delivery does not take place, even after proof of default, the buyer only has the right to cancel the agreement in writing. The failure of delivery can never, not even after proof of default, give the client a right to claim compensation.

6. Circumstances beyond our control

1. In case circumstances beyond our control delay or prevent the execution of the agreement, we have the right to cancel the agreement without giving the buyer the right of claiming compensation.
2. Circumstances beyond our control include the non-delivery or late delivery by our suppliers of goods which we need to carry out our obligations, strikes and impeding governmental measures.

7. Liability and complaints

1. Complaints connected with deliveries are to be made in writing within 8 days after the goods should have been received by the buyer. If the buyer fails to do so, we consider ourselves to have delivered in accordance with our obligations.
2. If complaints are made in time, and the goods delivered do not meet the terms of the agreement, it is up to us to decide, after receiving the goods back, whether to deliver again (free of charge) or to credit the buyers account. We are not committed to any further obligations, in particular, not to any compensation.

8. Payment

1. Unless the invoice states otherwise, all orders have to be prepaid before delivery has taken place. If a possible period of credit payment is exceeded, a 1% interest is due for every month or part of the month by which the term is exceeded. A complaint does not postpone the obligation of payment. A settlement of debts is never allowed.
2. All judicial and extra-judicial collection fees are to be paid by the buyer. The extra-judicial fees are at least 15 per cent of the main amount overdue, but with a minimum of EU 250,- and are claimable without any further summons as soon as we have handed the claimable debt over to a third party for collection.

9. Security

1. In case of non-payment of an amount or discontinuance of payment and if there is cause for reasonable doubt on our part concerning the correct execution of obligations by the buyer, after we have come to the agreement, the buyer is obliged, at our first request, to pay in advance or to give security for payment.
If the buyer falls to fulfill this obligation, we will regard it as a default and will be entitled to cancel the agreement completely or partly, without further proof of default or court settlement, in which case we can claim a compensation amount, which is at least the same as the buyer owes us according to the agreement.
2. All goods delivered and to be delivered remain our property until all claims we have or shall have with the buyer, for whatever reason, are settled. If the buyer does not comply with any obligation stated in the agreement, we have the right to take the goods back, without any proof of default being required, in which case the agreement is cancelled without a court settlement, and our right to compensation remains.
3. If non-payed goods are reclaimed, Lostt Art is entitled to take back goods at the (non-paying) buyer that are technically identical to the reclaimed goods. Technical identical is decribed as goods that could be reselled by Lostt Art under the same description as these goods.

10. Disputes

1. Dutch law applies to all our agreements.
2. Possible disputes will be taken to the Court of the authorized Judge of that city in which we have the right to report a dispute, to that Judge, who, without the condition mentioned before, would be qualified to be informed of the claim.