LAST UPDATED: 31/05/2021
GENERAL TERMS AND CONDITIONS
These General Terms and Conditions, which are composed of our ‘General Terms of Sale’ as well as the ‘General Terms of Use’ of our website ‘https://www.mapafineart.com/’, constitute a legally binding agreement between you the user and Mapa Fine Art B.V. By using and accessing our website you agree that you have read and understood the following Terms and Conditions and are bound by them. Changes to these Terms and Conditions may be made by us. In such a case we will inform users by updating the ‘Last Updated’ section above the Terms and Conditions. It is upon the user’s discretion to review the Terms and Conditions and remain informed about updates.
These Terms and conditions are based upon and interpreted using the law of the Netherlands and fall under the jurisdiction of the courts of the Hague. If you are a resident of the EU, you may additionally defend your consumer rights in the EU country of which you are a resident. The information that is available on the website is not meant for use and distribution by entities residing in countries or jurisdictions where the distribution of this information would require us to register within said country or jurisdiction, or where the distribution of this information is against the law. Personal information that we collect, process or store is gathered and held with regards to the General Data Protection Regulation of the EU (Regulation 2016/679) and your rights under the GDPR are protected, as is further stated in our privacy policy.
Our website ‘https://www.mapafineart.com/’ is created and managed by Mapa Fine Art B.V. Mapa Fine Art B.V. is a company registered in the Netherlands with the Dutch Chamber of Commerce under the number of 81229984. The registration address of Mapa Fine Art B.V. is Stuyvesantstraat 128, 2593GP, The Hague. For further information or to answer any of your queries, we are available through email at info@mapafineart.com, telephone at +31 6 18 80 07 00, or through our contact page.
GENERAL TERMS OF SALE
THE ARTWORKS
Mapa Fine Art B.V. exhibits, promotes and otherwise markets original and unique pieces of art from graduates as well as on-going students of esteemed art universities. The artworks are generally available for sale unless stated otherwise through the form of a ‘Reserved’ and/or ‘Sold’ notice attached to the artwork. However, in rare occasions the artworks may not be available even in the instance of a missing ‘Reserved’ or ‘Sold’ notice, as each artist behind her his or their own original artwork reserves the right to refuse the sale of said artwork. Pertaining to the unique and original nature of the artworks, the sale of an artwork from us to you the customer does not transfer the intellectual property rights of the artwork. It should not be inferred that through the sale of the artwork you receive any rights to multiply, print copies or publish said artwork. Mapa Fine Art B.V. reserves these rights as acting agent on behalf of the artists.
We guarantee that on receipt of the artwork the product will correspond with the description of material used, as well as other characteristics detailed on the website and in our catalogues, such as the size of the artwork. However, while we attempt to attain the highest quality images of the artworks possible, the colouring of the actual product may vary upon receipt. Images on our website and catalogues are meant only for illustrative purposes.
After receipt of your artwork we recommend to take care of your artwork by avoiding placing it in direct sunlight, near moist areas or next to a heated area. The artworks we offer are made using a variety of material and therefore require care based upon the material used to make them. Upon the receipt of the artwork, care for the artwork becomes the buyer’s responsibility. We do not provide framing for the artworks.
THE SALE
These General Terms of Sale are intended to outline the contract that you enter into with Mapa Fine Art B.V. when buying an artwork from us. These General Terms of Sale override any previous agreements made between us and are to be seen as the final form of arbitration. The contract is entered and becomes binding at the moment you agree to the purchase of an artwork, and we issue you an Invoice for said artwork. Please use the Invoice number you will receive to refer to the purchase in future contact with us. As stated above in ‘The Artwork’, we cannot guarantee that the images of the artworks used in our promotional material such as the images on the website or catalogues will be fully corresponding to the artwork you receive. When agreeing to the sale you should be aware of this and once the contract has been entered the promotional images can not be used as reference for claiming differences as they do not form part of the contract. Once the artwork invoice has been fully paid for and delivered to the specified address, or picked up by yourself, the ownership of and responsibility for said artwork is passed on to you.
Before committing yourself to a purchase we thus recommend reading and comprehending these General Terms of Sale. Furthermore, we recommend to revise the General Terms of Sale regularly, as we reserve the right to make changes to them in the future. This will always be announced in the ‘Last Updated’ section above the General Terms and Conditions, and the contract you enter with us upon agreeing to a purchase is subject to the General Terms of Sale in force at the time of entering the contract. Mapa Fine Art B.V. reserves the right to reject your offer to enter into a sale contract with us or to cancel an ongoing sale, for reasons we are not required to disclose. In the unlikely event this occurs we will notify you via email, and reimburse any money that may have already been paid within 14 days.
In order to make a purchase, you can either select the option to make an enquiry on our website, either directly on an artwork or through the contact page, or you can email us at info@mapafineart or call us at +31618800700. We do not store personal data that you provide to us when making an enquiry, unless you submit ‘Yes’ when prompted to join our mailing list. Once you have reached out to us, we will begin the sale process by confirming the availability of the artwork with the artist. Following the artist’s agreement with the sale of their artwork, we will request your bank details and a shipping address in order to be able to provide you with the Invoice for the artwork. Upon receipt of the Invoice for the artwork and your confirmation to proceed with the purchase of said artwork you will have officially entered into a contract with us the terms of which are the ones described in these General Terms of Sale. Once we send you the complete Invoice and you agree to its contents we assume your willingness to buy the product and at this point we will also change the status of the artwork to ‘Reserved’ on the website and catalogue. The bank details and shipping address are under no circumstances stored, and if you are a repeat customer we will have to ask for this information again. If any of the details you have given us are incorrect, we will contact you on the email provided in order to amend these for shipping and billing purposes. If we are not able to reach you or you do not provide us with correct information, we will be forced to cancel the sale after 14 days and make the artwork ‘Available’. You may always restart the process at your convenience if the artwork remains ‘Available’.
THE PAYMENT & PRICE
The payment process is initiated upon the receipt of an invoice from us, which will always include the price of the artwork, along with potentially applicable shipping, customs and VAT costs. The cost of the artwork is determined by the artist, who decide on their own market value. This price will always be displayed on our website and catalogues and will not vary on the invoice. In the rare circumstance that we make a mistake on the invoice regarding the price of the artwork, we will contact you and either provide a reimbursement in the case of a higher than stated price, or send an additional invoice with the remainder of the costs for the artwork in the case of a lower than stated price. However prices may change over time, in which case they will be updated on the website and catalogues. The price displayed at the moment of your enquiry, will be the price you will be invoiced for the artwork. The cost of shipping is calculated using the destination you provide to us and dependant on the size, weight and price of the artwork. This cost is calculated by Pack & Send, our logistics provider. Finally any customs, VAT costs and other forms of governmental or institutional levies and/or fees are your responsibility to pay and will be included in the invoice.
Based on your preference the payment can be made using British Sterling or Euro currencies. We will ask your preference during the sale process. The payment should be made within 14 days of receipt of the invoice, otherwise we will cancel the reservation. If you would like an extension of this period please reach out to us, and we can add a 14 day extension. If you fail to pay within this extended period we will cancel the reservation. You may at any point enter into the sale process again after failing to meet the 14 day extension, but we reserve the right to reject your request. Upon payment of the invoice to the bank account listed on the invoice, and upon receipt of the full amount on our bank account, we will instantly begin the delivery process, which is outlined below. Reimbursement for any of the delivery related issues outlined below in ‘The Delivery’ will be made to the account you used to pay. These will be made within 14 days of the confirmation of loss of artwork during shipping, repair of artwork for damages incurred while shipping or the delivery of the incorrect artwork.
THE DELIVERY
Mapa Fine Art B.V. takes great care in delivering the artworks to you. Through the use of UK-based specialized fine art handlers Pack & Send, we assure that the artwork is fully insured, and properly packed in an ISPM15 compliant, custom-made, foam-lined ply wood crate. The cost of shipping and insurance of the artwork is not included in the prices displayed on our website or on our catalogues. Upon beginning the sale process we will contact Pack & Send, to determine the price of shipping and insurance based on the destination you would like us to ship the artwork to. While international shipping is available, be aware that the further away from the UK the higher the cost of shipping, due to distance but also potential customs fees of the destination country. Mapa Fine Art B.V. will take care of managing customs duties, however their price will be included in the Invoice, payable by you the customer and we can not reimburse or discount these costs. Furthermore the size, price and weight of the painting also affect the cost of shipping. Mapa Fine Art B.V. does not provide framing, and the artwork you receive does not come with a frame.
Once Pack & Send provides us with a quote on the cost of shipping we will include this and make it clear to you in the Invoice we send you. Upon agreeing on said Invoice as stated in ‘The Sale’ you enter into a contract with us the terms of which are the ones described in these General Terms of Sale. Upon payment to our bank account of the sum indicated in the invoice, the delivery process can begin. This may take up to 2 weeks. In the rare occasion that it takes longer, we will keep you informed about delays, or alternatively you can track your shipment through Pack & Send. Please reach out to us if you would be interested in this service.
If the shipment happens to get lost or for any reason cannot be delivered, you will be fully reimbursed for the full market value at which you bought the artwork, including any additional costs such as shipping and customs. Furthermore if the artwork is in any way damaged during the delivery process you will be fully reimbursed for the cost of repair of said artwork. Finally, if the artwork is the incorrect artwork, we will arrange for the sending of the correct artwork without any further costs to you. If you would prefer at such a point to cancel the purchase you may do so and we will fully reimburse you for it as well as any additional costs such as shipping and customs.
If for whatever reason you do not pick up the artwork upon arrival or Pack & Send or we cannot reach you. the costs of new delivery or storage will be transferred upon you. If we are not able to reach you for a further 2 weeks we reserve the right to cancel the sale and reimburse you for the value of the artwork and VAT, but not the shipping costs and customs, including those incurred by us to return the artwork to its original location. Upon receipt of full payment for the invoice and delivery of the artwork to the address you have indicated, or pickup of the artwork by yourself, the ownership of and responsibility for said artwork passes on to you. At this point, we will mark the artwork as ‘Sold’ on our website and catalogues, and the responsibility for the artwork passes on to you and the contract between us is deemed to be completed.
CANCELLATION POLICY
Prior to making the payment for the invoice you are free to cancel the sale process at any point. If you would like to cancel your order after having paid, you are obliged to let us know within 24 hours of making the payment, by directly contacting us either by email at info@mapafineart.com or phone at +31618800700. Requests made after this time period will incur further costs, as we will already have begun the process of packaging and shipping, to ensure a speedy delivery. If you would still prefer to cancel the order at this point, you may do so, however any costs for cancellation of the shipping, and unpacking the packaged artwork will be deducted from your reimbursement for the paid invoice, as well as any additional costs borne by us as a consequence of the cancellation.
RETURN AND REFUND POLICY
If you would like to return an artwork upon receipt, you may do so within 14 days of receipt of the artwork. Please reach out to us if this is the case. However the cost of shipping and packaging will be deducted from the reimbursement of your invoice, as well as the cost of packaging and shipping the artwork back to its original location (using our standard Pack ‘n’ Send service), and any additional costs borne by us as a consequence of the returning of the artwork, such as reduction of the value of the artwork due to damages caused by poor handling. If the artwork is damaged beyond repair, or destroyed, you will not be reimbursed for any of its original value. Mapa Fine Art B.V. does not offer any refunds, as the artwork is checked upon pickup by our hired logistics company Pack ‘n’ Send for any defaults or imperfections. In the unlikely event that the artwork is damaged or does not correspond with the image upon pick-up by Pack ‘n’ Send they will inform us, and we will let you know of the defects. At this point you may opt to continue with the order with a 10% discount on the artwork or choose to cancel the order and we will reimburse you fully.
Otherwise, only when issues occur during the delivery process, such as damages or loss of the artwork, can you be reimbursed for the value of the repairs or the value of the artwork in case of loss, based on Pack ‘n’ Send’s insurance policy. In this case please reach out to us by email at info@mapafineart.com or by phone at +31618800700. We may have to redirect you, or otherwise put you in touch with Pack ‘n’ Send, as they are the ultimate party held responsible for damages or losses made during transit. Please note that changes to coloring due to natural processes will not be accepted as a form of damages sustained during transit. If however we send the incorrect artwork, then, as stated above in ‘The Delivery’, we will reimburse you for the cost of delivery and packaging, both to you and back to its original location, and send the correct artwork free of delivery costs. Reimbursements will always be made to the account you used to pay the invoice, unless otherwise specified by you, within 14 days of agreement upon the reimbursement. In the rare case that this is not possible, we will notify you and attempt to decrease the delay as much as possible. We will not be held liable if the delay is caused by an event outside of our reasonable control.
OWNERSHIP
The ownership and responsibility for the artwork is passed on to you upon receipt of the full payment for the artwork’s invoice, and upon the delivery of the artwork to the specified address or pick up by yourself. At this point we will mark the artwork as ‘Sold’ on our website and catalogues, and the contract between us outlined within this section called ‘General Terms of Sale’ is deemed to be completed.
GENERAL TERMS OF USE
INTELLECTUAL PROPERTY RIGHTS
All content included on the website www.mapafineart.com, as well as the website itself and further copyright and intellectual property rights pertaining to that content, unless otherwise indicated or labeled (such as in the case of the logo for Artlogic our website provider), are the proprietary property of Mapa Fine Art B.V. and belong to and have been licensed by Mapa Fine Art B.V. This includes content such as: our databases, website designs, source code, photographs, graphics, audio, video and text on the website as well as logos and trademarks. You may access and use this content provided on the website as long as it is for personal use and information only. Therefore, no part of the website, or the website itself and its content belonging to Mapa Fine Art B.V. can be sold, rented, republished, reproduced, licensed, distributed, publicly displayed, copied, stored or reused in any other way for any commercial reasons, unless you have received explicit permission to do so from Mapa Fine Art B.V. All of our content is protected by international, Dutch and EU intellectual property treaties and laws, which may apply.
Pertaining to the unique and original nature of the artworks, the sale of an artwork from us to you the customer does not transfer the intellectual property rights of the artwork. It should not be inferred that through the sale of the artwork you receive any rights to multiply, print copies or publish said artwork. Mapa Fine Art B.V. reserves these rights as acting agent on behalf of the artists.
PRIVACY POLICY
By using our website www.mapafineart.com you agree also to our Privacy Policy. Our Privacy Policy makes up a part of these ‘General Terms of Use’ and of the whole ‘General Terms and Conditions’, which we encourage you to read before beginning a purchase from us, as these govern the sale process. In the same way we encourage you to review our Privacy Policy before using our website, as by using the website you agree to be bound by these ‘General Terms of Use’ and our Privacy Policy. In order to access our ‘Privacy Policy’ please follow the following link: https://www.mapafineart.com/privacy-policy/ or click on Privacy Policy in the bottom-left corner of our website, on the footer visible on every page of the website. Our website is hosted in the United Kingdom, and as such you agree to transferring your data to the UK, and to having the data processed there, when accessing the website from a region or country in the world with differing laws regarding personal data collection.
LIABILITY
Mapa Fine Art B.V. does not accept any liability to you or any third party for any form of direct or indirect damages, including loss of data, revenue or other damages which you may incur from using our website www.mapafineart.com or the content within it. This applies to the most permissible extent of Dutch law, and in such cases as the contrary holds, our liability will be limited to the lowest amount paid by you for incurred damages or losses, if any. We take care to secure our website with HTTPS security and firewall, which guards against malware, viruses and DDoS attacks. However in the unlikely event that such an attack happens, we accept no liability for any damages or losses you may incur as a result of any form of attack which you may endure while you are using our site or the content within it.
If Mapa Fine Art B.V. fails to comply with any of the terms outlined here in this ‘General Terms and Conditions’ we will be responsible as far as the damages or losses you incur are a foreseeable consequence of the breach of the contract entered between yourself and us upon purchasing an artwork or using our website. We will not be held liable for unforeseeable damages or losses. Unforeseeable damages and losses include those caused by events outside of our reasonable control. These are called force majeure events, and include for example but not exclusively: strikes, civil war, war, riots, terrorist attacks, natural disasters, political upheaval, inability to use public transport or aviation, and/or loss of access to public telecommunications networks. We cannot be held liable for such events and our obligations under the contract outlined in the ‘General Terms and Conditions’ are suspended until the force majeure event end. We will attempt, within our capabilities, to make this suspension as short as we can, and will resume the contract once the force majeure event ends.
DISCLAIMER
The use of our website www.mapafineart.com is at your own risk. Nothing on our website should be regarded as advice that you should follow for whichever reason. Content is for informational purposes only. We advise you to read through these ‘General Terms and Conditions’ and our ‘Privacy Policy’ fully before making a purchase and to use your best judgment and exercise caution when purchasing a product through our medium.
CONTACT US
To make any complaints about the website or to ask for further information on how to use it, please contact us at the following address, phone number or email:
Mapa Fine Art B.V.
Stuvesantstraat 128
2593GP, The Hague, Netherlands
Phone: +31618800700
Or use our contact page at https://www.mapafineart.com/contact/.